2002 (5) TMI 871

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....d 9th December, 1997 passed by the Court of Ms. Indermeet Kaur Kochhar, Addl. Sessions Judge, New Delhi dismissing revision of the petitioner and the order dated 15th March, 1997 passed by the Court of Metropolitan Magistrate dismissing the complaint under Section 138 of the Negotiable Instruments Act (for short "NI Act"). 2. Facts in brief are that Ravi Bhandari, respondent No. 1 issued a cheq....

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.... In the above cited case the corporation which is analogous to registered company squarely covers this point. There is no resolution averred in the complaint, nor deposed by CW1 Mathew Thomas through which a person derives power or authorisation to launch criminal prosecution against any person. In the absence of resolution passed by Board of Directors by complainant company, complainant Mathew Th....

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....thew Thomas, the Principal officer of the complainant bank was authorised to file and institute the criminal complaint; that the dismissal of the complaint by learned court below only on the ground that complainant was not a proper and authorised person, is not sustainable. 5. Law in this regard is now well settled. Anyone can set the criminal law in motion by filing the complaint constituting ....

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....the payee of the two cheques. 11. This Court has as far back as, in the case of Vishwa Mitter v. O.P. Poddar , held that it is clear that anyone can set the criminal law in motion by filing a complaint of facts constituting an offence before a Magistrate entitled to take cognizance. It has been held that no Court can decline to take cognizance on the sole ground that he complainant was not comp....