1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) No. 695/2010 M/s. Hytech Ispat Limited and anr. ..vs.. Priyaraj Harishchand Pawar, Prop. M/s. Commercial Steel Suppliers Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S. V. Sirpurkar, Advocate for applicant. Mr. M. I. Dhatrak, Advocate for respondent. CORAM : M.N. GILANI, J. DATED : DECEMBER 16, 2011 1. The appellants are original complainants in Summary Criminal Case No. 2941/2005 decided on 19.05.2010 by Judicial Magistrate First Class, whereby the respondent was acquitted of an offence punishable under Section 138 of the Negotiable Instruments Act. 2. Heard both sides. Bare perusal of the judgment impugned in this appeal and evidence on affidavit tendered before the learned Magistrate, shows that the learned Magistrate formulated six points for determination. Four relevant points were answered in favour of the appellant. As regards authority of the Director to file the complaint, the learned Magistrate held that Ajay Soni was not authorised to file the complaint although he was one of the Directors. 3. Learned counsel for the appellants relied on two decision of this Court in Chicho Ursula D'souza ..vs.. Goa Plast Pvt. Ltd.; 2009 (1) DCR 2 690 and Ashok Bampto Pagui ..vs.. Agencia Real Canacona Pvt. Ltd. & anr. 2008 (1) DCR 211, to show that the complaint has to be filed by Director who has been authorised to do so. 4. In the evidence on affidavit in para 11, it is averred that the said Ajay Soni, who is Director is duly authorised by the complainant. In the cross-examination, he admitted that he did not file authority letter. The question that from the evidence available on record can it be held that the complainant had no authority or merely there was failure on his part to file authority letter, needs adjudication. 5. In that light of the matter, leave as prayed for is granted. 6. Appeal : Admit. Call record and proceedings. 7. The respondent shall furnish PR Bond in the sum of Rs. 10,000/- (Rs. Ten Thousand Only) and one surety in the like amount before the learned Magistrate within a period of two months from the date of this order. Action under Section 390 of the Code of Criminal Procedure is dispensed with. JUDGE kahale