IVALUESYSTECH PVT. LTD. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Harshang Patel, learned advocate for the applicant- original complainant, Ms. Monali Bhatt, learned Additional Public Prosecutor for the respondent State and Ms. Mayuri Chauhan, learned advocate for the respondent nos.2 and 3.

(2.) This application seeking production of additional document has been filed by the applicant- original complainant under Sec. 391 of the Code of Criminal Procedure at the stage seeking of appeal permission of this Court to bring on record the Resolution dtd. 16/5/2023 passed by the applicant company for authorizing Mr. Devang Modi- present applicant to initiate legal proceedings against the respondent - accused under Sec. 138 of the Negotiable Instruments Act.

(3.) It is submitted before this Court that the learned trial Court has proceeded to record the acquittal of respondents- accused only on the ground that the complainant has failed to adduce the evidence to show that he has been authorized to pursue the proceedings under the Negotiable Instruments Act , though, the learned Magistrate at one stage upon appreciation of the evidence has arrived at a conclusion that disputed cheque was issued by the accused against the legally enforceable debt to the complainant- company. The explanation offered by the applicant is that due to misunderstanding or error on the part of the advocate for the applicant, the aforesaid resolution authorizing the applicant could not be produced on record as evidence before the trial Court. It is further contended that even otherwise the present applicant, who is the Director of the complainant company, is authorized under the Memorandum and Article of Association of company to institute, conduct, prosecute, defend, compromise, withdraw or abandon any legal proceedings by or against the Company or its officers. It is submitted that even otherwise as a Director be heing in charge of affairs of the company, in his capacity as Director of the company deemed authorization is given to him to initiate any legal action on behalf of the company.