https://www.taxtmi.com/caselaws?id=196187 A complaint under Section 138 of the Negotiable Instruments Act filed by a banking company through its principal officer is not invalid merely because no separate board resolution authorised the filing. Section 142 requires the complaint to be made by the payee or holder in due course, and the statutory test is whether that requirement is met. Where the complaint is filed in the company's name and on its behalf, absence of a board resolution by itself does not justify quashing. The complaint was held maintainable, and the dismissal orders were set aside with directions to proceed according to law. en-us Tue, 14 May 2002 00:00:00 +0530 Tue, 21 Nov 2017 13:04:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196187 A complaint under Section 138 of the Negotiable Instruments Act filed by a banking company through its principal officer is not invalid merely because no separate board resolution authorised the filing. Section 142 requires the complaint to be made by the payee or holder in due course, and the statutory test is whether that requirement is met. Where the complaint is filed in the company's name and on its behalf, absence of a board resolution by itself does not justify quashing. The complaint was held maintainable, and the dismissal orders were set aside with directions to proceed according to law. Case-Laws Indian Laws Tue, 14 May 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196187