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1999 (12) TMI 886

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.... a Magistrate Court for offence under Section 138 of the Negotiable Instruments Act. The Magistrate dismissed the complaint on the ground that there was no resolution of the Board of Directors of the petitioner-Company authorising the person who represented the Company before the Magistrate Court. Though appellant preferred a revision before the Sessions Court that became futile and he moved the H....

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....r for, it is not a Civil Suit. It is a criminal prosecution. Authorisation to prosecute, being of the nature of sanction, the Board of Directors is supposed to apply their mind to the facts and circumstances of each case before authorising any person to prosecute any person for any offence in the submission of the LD. Counsel. It appears plausible at least for the present purpose for no applicatio....