SUNIL GUPTA Vs. STATE & ANR

JUDGEMENT

(1.) Crl.M.C. 1605/2018 & Crl.M.A.5834/2018 (stay)

(2.) Learned counsel for the petitioner submits that the subject complaint was not maintainable inasmuch as the complainant, who has filed the complaint, was neither the payee of the subject cheques nor the holder in the due course of the subject cheques.

(3.) Learned counsel for the respondent/complainant submits that the complaint was maintainable inasmuch as the complainant was the Director of the payee Company and had been authorised by the payee Company to file the complaint.