Saturday, 27 October 2018

Whether director of company can file complaint for dishonour of cheque without resolution by board of directors?

 In the case of Chico Ursula D 'Souza v. Goa Plast Pvt. Ltd. (supra) this Court has again held that a person who claims to represent another is expected to produce an authority or power which entitles him to so appear. In the case of Goa State Co-OP. Bank Ltd. v. Kurtarkar Traders (supra) it was held that the complainant as a body corporate can act only by resolutions passed by the directors at its meeting. There was no resolution passed by the complainant in favour of its Managing Director authorising him to appoint any person to prosecute the defaulters whose cheques bounced. Power to lodge complaints could have been given only by a resolution by the board of directors. There was none given and none was produced. It was further observed that in the case of Ashok Bampto Pagoi v. Agencia Real Canacona Pvt. Ltd. (supra) a complaint even by a director of company was not maintainable without a resolution by the board of directors.

Crl. R.C. Nos. 98 to 103 of 2009 and Connected M.Ps.

Decided On: 20.12.2012

 Vadivel Sizing and Weaving Mills (P) Limited Vs Fenner (India) Limited Textile Division

Hon'ble Judges/Coram:
B. Rajendran, J.
Read full judgment here: Click here
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