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Judgment
P.S. Narayana, J.—Both the Criminal Appeals are filed by the Tribal Cooperative Marketing Development Federation of India Ltd., represented by its Regional Manager, Hyderabad, against the orders made in C. C. No. 511 of 1996 and C.C. No. 375 of 1996 on the file of the XV Metropolitan Magistrate,Hyderabad.
The 1st respondent is the accused - B P Exporters, represented by its Proprietor. These complaints were filed u/s 138 of the Negotiable Instruments Act, 1881 for prosecution and punishment for dishonouring of cheque issued in question.
The learned counsel for the appellant had pointed out that the main ground on which acquittal had been recorded is that it is not proved that PW.1 is authorized to lodge the complaint. The learned counsel submits that the affidavit of the counsel and also the affidavit of the Zonal Manager are filed who had sworn that even at the time of filing of complaints, the letter dated 23-4-1996 authorizing the Regional Manager was filed before the Learned Magistrate but unfortunately due to oversight the said document was not marked. In M.M.T.C. Limited Vs. Medchl Chemicals and Pharma (P) Ltd., 1 2002 SCC (Cril.) 121. The Apex Court while dealing with the maintainability of a complaint by Company and competence to file the same held that:
Complaint filed in the name and on behalf of company by its employee without necessary authorization, such a complaint nonetheless maintainable and want of authorization can be rectified even at a subsequent stage.
In view of the facts and circumstances and also in the light of the affidavit sworn to by the counsel who represented the complainant before the learned Magistrate and also the affidavit of the Zonal Manager and in the light of the ratio in 2002 SCC (Cril.) 121, this Court is of the considered opinion that it would be just and proper to afford an opportunity to both the parties to adduce further evidence, if any, on this aspect also and decide the matter afresh.
Hence, the impugned orders in both the Criminal Appeals are hereby set aside and the matters are remitted back to the XV Metropolitan Magistrate, Hyderabad to afford an opportunity to both the parties to let in further evidence, if any, and decide the matter afresh.
Accordingly, the Criminal Appeals are allowed to the extent indicated above. It is needless to say that since the matters are being remitted, the learned Magistrate to dispose of the matters as expeditiously as possible.