1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 3884/2008 in CIRMINAL APPEAL NO. 750 /2008 (The Akola Urban Co-op. Bank Ltd. vs. Sharad Shankar Balhad ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr A S Agrawal Adv. for applicant Mr. Aadil Mirza for R J Mirza, Adv. for Respondents C ORAM : A.P. BHANGALE, J. DATED : 10 th September, 2009. 1. Heard counsel for respective parties. 2. The applicant/(original complainant ) prays for grant of leave under section 378(4) of the Cr.P.C., challenging the judgment and order passed by learned Judicial Magistrate, First Class, Court No.9 Akola dated 12.8.2008 in Summary Criminal Case No.1359/2007. Learned Advocate for the applicant contended that on the ground that authorized person did not file the complaint, the accused came to be acquitted. According to him, the trial Court had verified that the person who gave verification statement was representing the complaint before process was issued, while according to learned Advocate for respondent, the complaint was not maintainable according to law as there was no resolution authorizing the employee of the Bank to represent it. 3. Considering the observation of the trial Court in concluding paragraph of the judgment that although other ingredients of the offence are duly proved, the complaint was not tenable for want of authority, needs to be examined, in the light of the question of of law as to whether the complaint can be filed in the name and on behalf of the Bank in writing or whether an 2 employee can initiate criminal proceedings on behalf of the employer. Arguable case is made out for grant of leave. Leave granted. 4. Admit the Appeal No. 750/2008. Call R & P 5. Since the learned Advocate has already tendered private paper-book, list the Appeal for final hearing after receipt of R & P. JUDGE. sahare