THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.563 of 2004 ORDER: This revision is filed under Sections 397 and 401 Cr.P.C against judgment dated 08.12.2003, delivered by VI Additional District and Sessions Judge (III Fast Track Court), Warangal in Crl.A.No.87 of 2002, confirming conviction and sentence awarded by the Special Judicial Magistrate of the First Class for PCR Cases at Warangal in C.C.No.19 of 2001, dated 12.04.2002, whereby the petitioner herein was sentenced to undergo rigorous imprisonment for a period of 6 months and to pay a fine of Rs.5,000/- and in default of paying it, to suffer simple imprisonment for one month, with a direction to pay a sum of Rs.4,000/- as compensation to the complainant. The brief facts of the case are as follows: The accused approached the complainant-firm requesting to advance a loan of Rs.2,00,000/- and acceding to the said request, the complainant-firm lent the amount under a promissory note executed by the accused in its favour. Subsequently, the accused failed to pay the amount as promised. After demand, the accused issued a cheque for Rs.1,00,000/- towards part payment of the loan amount, but when the same was presented in Indian Bank, Hanumakonda Branch, it was dishonoured on the ground of insufficiency of funds in the corresponding account of the accused in Andhra Bank, Hanumakonda Branch. Later, the complainant got issued legal notice, dated 20.10.1999, demanding the accused to pay the cheque amount, but, the accused refused to receive the same. As such, the complainant filed a private complaint before the trial Court, which after recording the sworn statement of the complainant took the case on file against the accused under Section 138 of the Negotiable Instruments Act. On behalf of the complainant, P.Ws.1 to 4 were examined and Exs.P-1 to P-10 and Ex.X-1 were marked. On behalf of defence, the accused himself got examined as D.W-1 and marked Exs.D-1 to D-5. The trial Court after analysing the evidence, both oral and documentary, available on record, found the accused guilty and accordingly, convicted and sentenced him as stated supra. Aggrieved by the same, the accused filed the said Criminal Appeal, upon which, the lower appellate Court, on re-appreciation of the evidence on record concurred with the findings of the trial Court and dismissed the appeal. Aggrieved by the said conviction and sentence, the appellant herein has filed this revision. Heard learned counsel for the petitioner appearing for the petitioner and learned Public Prosecutor appearing for State. It is contended by the learned counsel for the petitioner that the complainant-firm has been represented by one Ch.Raghupathi Reddy and not by the Managing Director of the firm and as such, the said person has no capacity to represent the firm and hence, the complaint itself is not tenable and consequently, the concurrent findings recorded by both the Courts below are liable to be set aside. Now the main point that arises for consideration is whether the complaint is maintainable or not? I have gone through the entire record. The record clearly shows that authorisation was given to one Ch.Raghupathi Reddy, who is an employee of the firm, to represent the complainant-firm, and in such a case, he has got every right to represent the complainant-firm. It is not necessary that the Managing Director of the firm alone should represent the complainant-firm. The firm is at liberty to proceed against the accused when the cheque issued by him was dishonoured taking necessary process. Both the Courts below have considered the factum of giving the authorisation to the said employee to represent the complainant-firm in the case. Learned counsel for the petitioner has not placed reliance on any decision in support of his contention. Further, both the Courts below found the accused guilty of committing the said offence basing upon cogent and acceptable evidence and hence, there is no reason to interfere with the impugned judgment. Accordingly, the criminal revision case is dismissed. _____________________________ G. KRISHNA MOHAN REDDY, J 16th June, 2011 DR