1 APPLN-324.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.324 OF 2011 M/s. Alkem Laboratories Ltd. .... Applicant Vs. Naresh Shah & Anr. .... Respondents Shri Prakash Naik for the Applicant. Shri Laxman S. Deshmukh for Respondent No.1. Shri Rajesh More, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: AUGUST 04, 2011 P.C: This is an application for leave to file appeal against acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act on the ground that the complaint was not filed by a person authorised by the company to do so. The learned counsel for the applicant submitted that Smt. Aruna Kasare who had filed the complaint and filed the affidavit in verification of the complaint as well as two affidavits in lieu of examination-in-chief had repeatedly stated that she was an authorised officer. He submitted that after Aruna Kasare filed her verification, 2 APPLN-324.11 the learned Magistrate had proceeded to issue process and therefore the question as to whether Aruna Kasare was authorised to file the complaint or not stood concluded. At that stage the accused had no role to play and therefore it cannot be said that merely because the Magistrate did not verify that Aruna Kasare in fact was authorised by the company or not, it cannot be said that the matter stood concluded. The authority of Aruna Kasare to file the complaint on behalf of the company or to depose on behalf of the complainant-company is not on the record. In view of this, it cannot be said that the view taken by the learned Magistrate was wrong so as to call for an interference by this Court. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)