Alok Industries Ltd. v. Sha Chandanmal Fatechand And ORS.

by IRESH SIDDHARAM MASHAL Date: 2021.11.20 16:08:33 +0530 IRESH SIDDHARAM MASHAL 915.28.15 ALP.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 28 OF 2015 ALOK INDUSTRIES LTD.

....APPLICANT V/s.

SHA CHANDANMAL FATECHAND .....RESPONDENTS AND ORS Ms. Dimple K. Shah for the applicant Ms. Sharmila S. Kaushik APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE:

NOVEMBER 18, 2021.

P.C.:

1] Heard.

2] Respondent-accused were acquitted in an offence punishable under Section 138 of Negotiable Instruments Act. 3] Acquittal is based on merits as the representative of the complainant has represented the interest based on a resolution of the 1/2

915.28.15 ALP.doc applicant company. Neither appointment of such representation as Vice President was established through evidence nor any director to prove such resolution or appointment of such representative was examined.

4] That being so, Magistrate was justified in recording that complaint was prosecuted without any authority of law. Acquittal as such is very much justified. That being so, no case for indulgence is made out. Leave is refused. Application stands disposed of. [NITIN W. SAMBRE, J.] 2/2