w w w . L a w y e r S e r v i c e s . i n



M/s. Amalgamated Bean Coffee Trading Company Ltd. v/s Xplore Source Consultancy Services Pvt. Limited & Another


Company & Directors' Information:- J K CONSULTANCY AND SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066762

Company & Directors' Information:- H S CONSULTANCY PVT LTD [Active] CIN = U74140WB1988PTC044368

Company & Directors' Information:- S M CONSULTANCY PVT LTD [Active] CIN = U74140WB1992PTC057293

Company & Directors' Information:- K S CONSULTANCY SERVICES PVT LTD [Active] CIN = U74140WB1988PTC045137

Company & Directors' Information:- E TO E CONSULTANCY PRIVATE LIMITED [Active] CIN = U63030KA2008PTC048557

Company & Directors' Information:- Y A CONSULTANCY SERVICES PVT LTD [Active] CIN = U74140WB1987PTC043225

Company & Directors' Information:- R. A. CONSULTANCY PVT. LTD. [Under Process of Striking Off] CIN = U67120WB1994PTC066521

Company & Directors' Information:- V G CONSULTANCY PRIVATE LIMITED [Active] CIN = U74899DL1993PTC054746

Company & Directors' Information:- L S D CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262781

Company & Directors' Information:- K .P. A. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140WB2010PTC142889

Company & Directors' Information:- P O CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U93000WB2009PTC134219

Company & Directors' Information:- T K M CONSULTANCY INDIA PRIVATE LIMITED [Strike Off] CIN = U74140KL1998PTC012694

Company & Directors' Information:- A & A CONSULTANCY PVT. LTD. [Active] CIN = U74140WB1986PTC040777

Company & Directors' Information:- Y K CONSULTANCY (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL2003PTC121113

Company & Directors' Information:- N K TRADING AND CONSULTANCY PRIVATE LIMITED [Active] CIN = U74990TN1991PTC021361

Company & Directors' Information:- V S TRADING AND CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999TN2005PTC057945

Company & Directors' Information:- L M J CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2010PTC208950

Company & Directors' Information:- R. K . CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140AS2006PTC008131

Company & Directors' Information:- M U S INDIA CONSULTANCY LIMITED [Strike Off] CIN = U74900WB2013PLC191253

Company & Directors' Information:- A & A SERVICES AND CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140OR2012PTC015010

Company & Directors' Information:- J R CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74900TN2015PTC102294

Company & Directors' Information:- R A D CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2011PTC224038

Company & Directors' Information:- S I M CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2007PTC162468

Company & Directors' Information:- Y. K. M. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74900DL2013PTC254940

Company & Directors' Information:- J. P. CONSULTANCY PRIVATE LIMITED [Active] CIN = U51909GJ2002PTC040433

Company & Directors' Information:- V & T CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999CH2005PTC027862

Company & Directors' Information:- P C CONSULTANCY PVT LTD [Active] CIN = U74210WB1991PTC053835

Company & Directors' Information:- J A CONSULTANCY PRIVATE LIMITED [Under Process of Striking Off] CIN = U93090MH2008PTC188284

Company & Directors' Information:- L M B CONSULTANCY SERVICES INDIA PRIVATE LIMITED [Active] CIN = U74999KL2002PTC015318

Company & Directors' Information:- K SOURCE INDIA PRIVATE LIMITED [Strike Off] CIN = U72200TN2004PTC052946

Company & Directors' Information:- E. SOURCE INDIA PRIVATE LIMITED [Strike Off] CIN = U72200DL1998PTC095799

Company & Directors' Information:- M Y M CONSULTANCY SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74900KA2011PTC058364

Company & Directors' Information:- S K A CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999UP2020PTC136502

Company & Directors' Information:- T C S CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140RJ1995PTC011052

Company & Directors' Information:- K B M CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U72900TG2002PTC038403

Company & Directors' Information:- D M M CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140WB2010PTC151887

Company & Directors' Information:- C I S (INDIA) CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74120BR2013PTC021019

Company & Directors' Information:- R I W CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KL2013PTC034174

Company & Directors' Information:- P S P CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900DL2011PTC222022

Company & Directors' Information:- N. K. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140HR2006PTC036471

Company & Directors' Information:- M E CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140KL2012PTC031172

Company & Directors' Information:- M & M CONSULTANCY SERVICES PVT. LTD. [Strike Off] CIN = U74140WB1992PTC056149

Company & Directors' Information:- V S B D CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TN2000PTC045338

Company & Directors' Information:- Z K CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74210DL1993PTC052338

Company & Directors' Information:- B AND D CONSULTANCY SERVICES PVT LTD [Strike Off] CIN = U74210MH1982PTC027430

Company & Directors' Information:- D. G. CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140WB2008PTC129948

Company & Directors' Information:- P & B COFFEE PRIVATE LIMITED [Strike Off] CIN = U55101PN2011PTC140823

Company & Directors' Information:- V F C CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140RJ2015PTC048025

Company & Directors' Information:- E & C CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140TN2007PTC062260

Company & Directors' Information:- L & R CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140TN2009PTC072839

Company & Directors' Information:- P P CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74210TN1982PTC009556

Company & Directors' Information:- N R 'S CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74210TN1986PTC013630

Company & Directors' Information:- M F S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140MH2008PTC177948

Company & Directors' Information:- D P CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140PN2008PTC132654

Company & Directors' Information:- C AND H CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74100MH2004PTC148618

Company & Directors' Information:- R V K CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74120MH2011PTC221273

Company & Directors' Information:- H A S D CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120MH2011PTC222997

Company & Directors' Information:- H H S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74120MH2013PTC250345

Company & Directors' Information:- M & W CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74910TN2004PTC053384

Company & Directors' Information:- J K M CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120UP2010PTC042726

Company & Directors' Information:- Y V R CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74900TG2015PTC098309

Company & Directors' Information:- K-SOURCE PRIVATE LIMITED [Active] CIN = U72900TG2015FTC097951

Company & Directors' Information:- J L I CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U72300UP2012PTC052649

Company & Directors' Information:- D R M B CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2014PTC201139

Company & Directors' Information:- M P CONSULTANCY PVT LTD [Strike Off] CIN = U74120WB1996PTC081085

Company & Directors' Information:- J. L. CONSULTANCY PVT LTD [Active] CIN = U74140WB1985PTC039818

Company & Directors' Information:- S E S CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74999WB2011PTC170939

Company & Directors' Information:- G P R CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140CH2012PTC033622

Company & Directors' Information:- S K CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000JH2012PTC000348

Company & Directors' Information:- R & A CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U67100DL2011PTC215340

Company & Directors' Information:- M J M CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140DL2005PTC133200

Company & Directors' Information:- A C G CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140DL2005PTC140720

Company & Directors' Information:- H M S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2010PTC201488

Company & Directors' Information:- SOURCE TRADING PRIVATE LIMITED [Active] CIN = U51909DL2006PTC146167

Company & Directors' Information:- D & G CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U65990DL2011PTC214142

Company & Directors' Information:- R H H H CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900AP2014PTC095348

Company & Directors' Information:- A & C CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140KA2008PTC046754

Company & Directors' Information:- J S M CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U93000HR2011PTC043455

Company & Directors' Information:- A P R CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U93000KA2014PTC073639

Company & Directors' Information:- L AND L CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140KL1997PTC011084

Company & Directors' Information:- J AND S CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140KL2005PTC018496

Company & Directors' Information:- P E B CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140KL2011PTC027680

Company & Directors' Information:- Z & H CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U85190KL2008PTC023534

Company & Directors' Information:- T AND V TRADING AND SERVICES PRIVATE LIMITED [Active] CIN = U15490UP2020PTC131274

Company & Directors' Information:- D C D CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999RJ2020PTC071399

Company & Directors' Information:- D AND N CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2020PTC195417

Company & Directors' Information:- S S G CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TN1997PTC037763

Company & Directors' Information:- V Z CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140MH2007PTC170875

Company & Directors' Information:- A V TRADING SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999TG2001PTC036628

Company & Directors' Information:- F T CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900CH2007PTC030854

Company & Directors' Information:- A. A. R. M. CONSULTANCY SERVICES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74140DL2006PTC150076

Company & Directors' Information:- M AND M CONSULTANCY PVT LTD [Strike Off] CIN = U74140PB1985PTC006557

Company & Directors' Information:- THE INDIA COFFEE COMPANY LIMITED [Dissolved] CIN = U99999MH1937PTC002681

Company & Directors' Information:- SERVICES AND CONSULTANCY P. LTD. [Strike Off] CIN = U99999DL2000PTC902217

    CRL.M.C. No. 787 of 2013

    Decided On, 17 July 2014

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE VED PRAKASH VAISH

    For the Petitioner: Trideep Pais Ashwath, Advocate. For the Respondents: Surender Kumar, Advocate.



Judgment Text

Oral:

1. By way of this petition under Section 482 Code of Criminal Procedure, 1973 (hereinafter referred to as `Cr.P.C.’) read with Article 227 of the Constitution of India, the petitioner seeks setting aside of the impugned order dated 9.1.2013 passed by Metropolitan Magistrate, New Delhi in CC No.2138/2009 whereby the application filed on behalf of the petitioner for taking on record the board resolution dated 26.6.2009 was dismissed.

2. In short, the facts of the case are that the petitioner filed a complaint for the offence under Section 138 read with Section 141 of the Negotiable Instruments Act against the respondent regarding dishonour of cheque No.095391 for Rs.30,000/- (Rupees thirty thousand) and cheque No.095392 for Rs.45,000/- (Rupees forty five thousand), both drawn on Hong Kong and Shanghai Banking Corporation Limited on 11.3.2009. Notice under Section 251 Cr.P.C. was issued to the respondents on 21.10.2010. The authorised representative of the complainant namely Mr. Sunil Nair (CW-1) was examined on 22.2.2012. Statement of accused under Section 313 Cr.P.C. was recorded on 16.4.2012. On 26.5.2012, an application for placing on record the board resolution of the complainant company, authorising Mr. Sunil Nair was filed. Another application dated 5.6.2012 for substitution of application dated 26.5.2012 and for taking on record the board resolution dated 26.6.2009 authorising Mr. Sunil Nair was filed. Vide impugned order dated 9.1.2013, the said application was dismissed by the learned trial court.

3. Learned counsel for the petitioner contends that during cross-examination of (CW-1) Mr. Sunil Nair, (authorised representative of the complainant company), a question was put on behalf of the accused persons whether board resolution authorising him to represent the complainant company has been placed on record. The witness (CW-1) replied that he does not remember whether the board resolution has been placed on record. However, he volunteered that if required, he will produce the same.

4. Counsel for the petitioner submits that the Board Resolution dated 26.6.2009, authorising Mr. Sunil Nair to sign the complaints, vakalatnama, affidavit, petition, objections and statements etc. was filed along with the application dated 26.5.2012. He also submits that board resolution could not be filed due to inadvertence and no prejudice would be caused to the respondent, if the board resolution is taken on record.

5. On the other hand, learned counsel for the respondents submits that the petitioner is delaying the matter. The board resolution authorising Mr. Sunil Nair to sign and verify the complaint was not filed along with the complaint. The petitioner moved an application dated 26.5.2012 seeking permission to place on record the board resolution dated 26.6.2009 and thereafter on 5.6.2012 filed another application for substitution of application dated 26.5.2012 and to take on record the Board Resolution. Counsel further submits that Mr. Sunil Nair has already been examined and statement of the accused under Section 313 Cr.P.C. has also been recorded and the application has been filed at a belated stage.

6. I have heard the counsel for both the parties and have also perused the material placed on record.

7. It is a well settled principal of law that rules of procedure are handmade of justice and should never be made a tool to deny justice or perpetuate injustice. The procedural defects and irregularities which are curable should not be allowed to defeat substantive rights or to cause injustice.

8. The Apex Court in the case of Vishwa Mitter vs. O.P. Poddar, (1983) 4 SCC 701 has observed that any one can set criminal law in motion by filing a complaint of facts constituting an offence before a magistrate and entitled to take cognizance. It has been held that no court can decline to take cognizance on the sole ground that the complainant was not competent to file the complaint. It was further held that if any special statute prescribes offences and makes any special provisions for taking cognizance of such offences under the statute, then the complainant requesting the Magistrate to take cognizance of the offence must satisfy the eligibility criterion prescribed by the statute.

9. Further in Associated Cement Co. Ltd. v. Keshvanand, (1998) 1 SCC 687 it has been held by the Hon’ble Supreme Court that the complainant has to be a corporeal person who is capable of making a physical appearance in the court. It has been held that if a complaint is made in the name of an incorporeal person (like a company or corporation) it is necessary that a natural person represents such juristic person in the court. It is held that the court looks upon the natural person to be the complainant for all practical purposes. It is held that when the complainant is a body corporate it is the de jure complainant, and it must necessarily associate a human being as de facto complainant to represent the former in court proceedings. It has further been held that no Magistrate shall insist that the particular person, whose statement was taken on oath at the first instance, alone can continue to represent the company till the end of the proceedings. It has been held that there may be occasions when different persons can represent the company. It has been held that it is open to the de jure complainant company to seek permission of the court for sending any other person to represent the company in the court. Thus, even presuming, that initially there was no authority, still the company can, at any stage, rectify that defect. At a subsequent stage the company can send a person who is competent to represent the company. The complaints could thus not have been quashed on this ground.

10. As per Section 140 of the Negotiable Instruments Act, the complaint must be filed by the payee or the holder in due course. In the instant case, the complaint was filed by Mr. Sunil Nair, authorised representative of the complainant but no Board Resolution passed by board of directors was f

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iled along with the said complaint. Later on a copy of the Board Resolution dated 26.6.2009 was filed along with an application. 11. In my opinion, an opportunity ought to have been granted to the petitioner to place the documents containing authorisation on record. 12. In view of the above, the petition is allowed and copy of the resolution passed by board of directors on 26.6.2009 is taken on record and the trial court is directed to proceed further in accordance with law. 13. Accordingly, the petition stands disposed of. 14. Trial court record be sent back forthwith. Crl.M.A. No. 2579/2013 Dismissed as infructuous.
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