TOPLINE SHOES LIMITED Vs. VIDEOCON NARMADA ELECTRONICS LIMITED

JUDGEMENT

(1.) HEARD learned Advocates for the parties. Rule. The rule made returnable forthwith by consent.

(2.) PERUSED the records.

(3.) THE petitioners challenge the order dated 25-4-2000 passed by the learned judicial Magistrate, First Class, Ahmednagar in Summary Trial Case No. 4379 of 1997 on the ground that the complaint filed in the case in hand under Section 138 of the Negotiable Instruments Act was not maintainable for want of lawful delegation of powers by the respondent No. 1 company in favour of its manager and, therefore, there was no compliance of the provisions of Section 142 (1) (c) of the said act and hence the complaint itself is bad in law. Secondly, it is contended that there was no legally enforceable claim on the date of the filing of the complaint and in view of the provisions contained in Explanation to Section 138 the complaint ought to have been rejected in limine.