ANNASAHEB CHOUGULI URBAN Vs. NARAYNA PANDURANG KORGAONKAR

JUDGEMENT

(1.) The applicant original complainant has filed this application for leave to file appeal against the judgment and order dated 7th September, 2007 passed by the learned JMFC, Court No.4, Kolhapur in Criminal Case No. 3488 of 2003. By the said judgment and order, the learned Magistrate acquitted the respondent No.l original accused of the offence punishable under Section 138 of the Negotiable Instruments Act.

(2.) Heard the learned counsel for the applicant original complainant and the learned counsel for respondent No.l original accused. Perused the judgment and order of the learned Magistrate as well as the evidence which has been produced by the learned counsel for the applicant.

(3.) The cheque in question is for the amount of Rs. 1,00,000. The learned Magistrate acquitted the respondent No.l original accused on the sole ground that the complainant has not produced any resolution or authority letter to show that he represents the Bank i.e. original complainant. The learned Magistrate held that in the absence of power of attorney or a valid authority or authorization by the Bank in favour of the Manager who has filed the complaint, the complaint would not be entertained and no conviction can be passed on such a complaint.