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



P.P. Jose, Manager, Mattoor, Kalady, Rice Tech Agro Mills Pvt. Ltd. v/s M.M. Abdulkhader, Proprietor, East India Trading Company, Kothamangalam & Another


Company & Directors' Information:- K K R AGRO MILLS PRIVATE LIMITED [Active] CIN = U15311KL2001PTC014801

Company & Directors' Information:- T AND D TRADING PRIVATE LIMITED [Active] CIN = U51909MH2003PTC142712

Company & Directors' Information:- K TECH PRIVATE LIMITED [Active] CIN = U25190TN2012PTC084486

Company & Directors' Information:- K. N. C. AGRO LIMITED [Active] CIN = U01500WB2005PLC102657

Company & Directors' Information:- F AND K AGRO PRIVATE LIMITED [Active] CIN = U01111PN1980PTC014563

Company & Directors' Information:- M TECH INDIA PRIVATE LIMITED [Active] CIN = U30007DL1997PTC087580

Company & Directors' Information:- I. B. TRADING PRIVATE LIMITED [Active] CIN = U70102MH2007PTC167894

Company & Directors' Information:- J P P MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2003PTC010491

Company & Directors' Information:- R T AGRO PRIVATE LIMITED [Active] CIN = U15400MH1988PTC122934

Company & Directors' Information:- K. TECH (INDIA) LIMITED [Active] CIN = U24222MH2000PLC123695

Company & Directors' Information:- N M AGRO PRIVATE LIMITED [Active] CIN = U15209DL2000PTC103461

Company & Directors' Information:- G W TRADING PRIVATE LIMITED [Active] CIN = U51900MP2013PTC031025

Company & Directors' Information:- K F AGRO PRIVATE LIMITED [Active] CIN = U01132PB1998PTC021937

Company & Directors' Information:- T K M AGRO LIMITED [Active] CIN = U01119TZ2000PLC009159

Company & Directors' Information:- G-TRADING INDIA PRIVATE LIMITED [Active] CIN = U52100DL2008PTC228572

Company & Directors' Information:- V M D MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC004822

Company & Directors' Information:- A R C MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC004845

Company & Directors' Information:- INDIA RICE LTD [Under Liquidation] CIN = U01111KL1994PLC008050

Company & Directors' Information:- S AND Y MILLS LIMITED [Not available for efiling] CIN = U17111TZ1994PLC005460

Company & Directors' Information:- R S RICE MILLS PRIVATE LIMITED [Active] CIN = U15319UP1998PTC023610

Company & Directors' Information:- D C MILLS PRIVATE LIMITED [Active] CIN = U25199KL1996PTC009988

Company & Directors' Information:- A K TECH LTD [Active] CIN = U74899DL1986PLC023700

Company & Directors' Information:- A. N. TRADING PRIVATE LIMITED [Active] CIN = U51900DL2019PTC359069

Company & Directors' Information:- L G H TRADING PRIVATE LIMITED [Active] CIN = U52100MH2009PTC196493

Company & Directors' Information:- G K TRADING PVT LTD [Active] CIN = U51109WB1990PTC048559

Company & Directors' Information:- R A MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2006PTC013248

Company & Directors' Information:- S P R TRADING PRIVATE LIMITED [Converted to LLP] CIN = U18109DL1995PTC071372

Company & Directors' Information:- S N R TRADING COMPANY PVT. LTD. [Active] CIN = U51909WB1986PTC041568

Company & Directors' Information:- M S AGRO PRIVATE LIMITED [Active] CIN = U01403WB2011PTC163653

Company & Directors' Information:- S K K AGRO PRIVATE LIMITED [Active] CIN = U01110DL2007PTC163157

Company & Directors' Information:- L. S. G. TRADING PRIVATE LIMITED [Strike Off] CIN = U51900MH1994PTC079829

Company & Directors' Information:- H C TRADING PRIVATE LIMITED [Active] CIN = U51909WB1997PTC085250

Company & Directors' Information:- H T C TRADING PVT. LTD. [Active] CIN = U51433WB1990PTC049243

Company & Directors' Information:- P P S TRADING COMPANY PRIVATE LIMITED [Amalgamated] CIN = U29120GJ1997PTC032617

Company & Directors' Information:- P N AGRO PVT LTD [Active] CIN = U01401WB1992PTC056261

Company & Directors' Information:- P. D. R. D. RICE MILLS PRIVATE LIMITED [Active] CIN = U01403WB2009PTC132822

Company & Directors' Information:- IN TRADING PRIVATE LIMITED [Active] CIN = U51399DL2003PTC119199

Company & Directors' Information:- D M TRADING PVT LTD [Active] CIN = U51909WB1986PTC040744

Company & Directors' Information:- B H TRADING PRIVATE LIMITED [Active] CIN = U51909MH2005PTC151768

Company & Directors' Information:- M T TRADING COMPANY PVT LTD [Amalgamated] CIN = U52110WB1991PTC051822

Company & Directors' Information:- G M T RICE MILLS PRIVATE LIMITED [Active] CIN = U15312PB2000PTC023708

Company & Directors' Information:- A A AND A AGRO LIMITED [Converted to LLP] CIN = U01111DL1986PLC025101

Company & Directors' Information:- K AND T AGRO MILLS PVT LTD [Active] CIN = U15312KL1994PTC008113

Company & Directors' Information:- Z-TECH (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062582

Company & Directors' Information:- D P AGRO MILLS PVT LTD [Active] CIN = U15143WB1992PTC055481

Company & Directors' Information:- B S RICE MILLS PVT LTD [Active] CIN = U15312WB1991PTC051888

Company & Directors' Information:- J M MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2006PTC013113

Company & Directors' Information:- B. P AGRO INDIA PRIVATE LIMITED [Active] CIN = U15132DL2019PTC357421

Company & Directors' Information:- J K TRADING COMPANY PRIVATE LIMITED [Active] CIN = U51432AS2001PTC006676

Company & Directors' Information:- H F TRADING PRIVATE LIMITED [Active] CIN = U51101MP2013PTC031441

Company & Directors' Information:- M Y AGRO PRIVATE LIMITED [Active] CIN = U51221DL2011PTC215043

Company & Directors' Information:- H R RICE MILLS PRIVATE LIMITED [Active] CIN = U15312WB2008PTC128015

Company & Directors' Information:- K L TRADING COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035081

Company & Directors' Information:- K T TRADING COMPANY PRIVATE LIMITED [Active] CIN = U29265MH1954PTC009417

Company & Directors' Information:- M T A MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1989PTC003048

Company & Directors' Information:- EAST INDIA COMPANY (TRADING) PRIVATE LIMITED [Active] CIN = U51909MH1996PTC222017

Company & Directors' Information:- H P RICE MILLS PRIVATE LIMITED [Dormant under section 455] CIN = U15312OR2005PTC008428

Company & Directors' Information:- C F L AGRO PRIVATE LIMITED [Strike Off] CIN = U01409KA2001PTC028797

Company & Directors' Information:- T S P M TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U15400TN2009PTC070424

Company & Directors' Information:- P A MILLS INDIA LTD. [Not available for efiling] CIN = U17111TN1990PLC019762

Company & Directors' Information:- L M TRADING COMPANY PVT LTD [Active] CIN = U24232WB1986PTC040212

Company & Directors' Information:- R. R. AGRO TECH PRIVATE LIMITED [Active] CIN = U01409WB2008PTC124970

Company & Directors' Information:- L K AGRO PRIVATE LIMITED [Active] CIN = U15140MH1998PTC115185

Company & Directors' Information:- N E TRADING COMPANY LIMITED [Active] CIN = U51909ML2000PLC006095

Company & Directors' Information:- W W TRADING PRIVATE LIMITED [Active] CIN = U51909MH2003PTC140832

Company & Directors' Information:- J S TRADING COMPANY PVT LTD [Active] CIN = U51909WB1992PTC057003

Company & Directors' Information:- A G RICE MILLS PRIVATE LIMITED [Active] CIN = U15311PB1996PTC018430

Company & Directors' Information:- EAST INDIA CORPORATION LIMITED [Active] CIN = U61100TN1942PLC000704

Company & Directors' Information:- V M MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2005PTC011763

Company & Directors' Information:- E-TECH INDIA PRIVATE LIMITED [Active] CIN = U51101MH2013PTC240790

Company & Directors' Information:- M L TRADING COMPANY PVT LTD [Strike Off] CIN = U52110WB1988PTC044086

Company & Directors' Information:- H D AGRO PRIVATE LIMITED [Strike Off] CIN = U01111MH1996PTC097451

Company & Directors' Information:- P C L AGRO PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049537

Company & Directors' Information:- S B J TRADING (INDIA) PRIVATE LIMITED [Active] CIN = U51900MH2005PTC158498

Company & Directors' Information:- A S AGRO PRIVATE LIMITED [Active] CIN = U74899DL1989PTC040467

Company & Directors' Information:- S N N AGRO PRIVATE LIMITED [Active] CIN = U01114JH2016PTC008919

Company & Directors' Information:- L R RICE MILLS PVT LTD [Active] CIN = U15312AS1989PTC003244

Company & Directors' Information:- TECH INDIA LIMITED [Active] CIN = U45201AS1995PLC004380

Company & Directors' Information:- G RICE INDIA LIMITED [Strike Off] CIN = U15312HP1998PLC022089

Company & Directors' Information:- K M J RICE MILLS PRIVATE LIMITED [Strike Off] CIN = U15312KL1999PTC013400

Company & Directors' Information:- AGRO PRIVATE LIMITED [Strike Off] CIN = U51101KA1962PTC001475

Company & Directors' Information:- M N TRADING COMPANY PRIVATE LIMITED [Active] CIN = U51505MH2004PTC146652

Company & Directors' Information:- K M RICE MILLS PRIVATE LIMITED [Under Process of Striking Off] CIN = U15491UP1992PTC014716

Company & Directors' Information:- P C RICE MILLS PRIVATE LIMITED [Active] CIN = U01111DL1998PTC092389

Company & Directors' Information:- J C R TRADING PVT LTD [Active] CIN = U51909KL1990PTC005614

Company & Directors' Information:- S D R TRADING PRIVATE LIMITED [Active] CIN = U51109DL2009PTC188954

Company & Directors' Information:- G L TRADING CO. PRIVATE LIMITED [Active] CIN = U51219WB1998PTC086558

Company & Directors' Information:- D. J. AGRO PRIVATE LIMITED [Strike Off] CIN = U01112DL1994PTC057414

Company & Directors' Information:- L J TRADING PRIVATE LIMITED [Active] CIN = U51909UP2007PTC045996

Company & Directors' Information:- G A AGRO PRIVATE LIMITED [Active] CIN = U01229KL2002PTC015736

Company & Directors' Information:- M P RICE PRIVATE LIMITED [Active] CIN = U15312PB1998PTC021722

Company & Directors' Information:- C AND D TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51900MH1981PTC025335

Company & Directors' Information:- M K B AGRO PRIVATE LIMITED [Active] CIN = U01100MH1996PTC101802

Company & Directors' Information:- T D K AGRO PRIVATE LIMITED [Active] CIN = U29190BR1991PTC004486

Company & Directors' Information:- S G AGRO PRIVATE LIMITED [Active] CIN = U01122KA1995PTC017091

Company & Directors' Information:- Y V TRADING PRIVATE LIMITED [Strike Off] CIN = U29113MH2006PTC159994

Company & Directors' Information:- S I TECH (INDIA) PRIVATE LIMITED [Strike Off] CIN = U32109MH2003PTC140622

Company & Directors' Information:- S. S. MILLS PRIVATE LIMITED [Active] CIN = U24231GJ1988PTC010885

Company & Directors' Information:- G B RICE MILLS PRIVATE LIMITED [Active] CIN = U15312UP1987PTC008772

Company & Directors' Information:- AGRO INDIA PRIVATE LIMITED [Active] CIN = U01407AR2013PTC008381

Company & Directors' Information:- R U TRADING PRIVATE LIMITED [Active] CIN = U52390WB2009PTC136748

Company & Directors' Information:- A P RICE MILLS PVT LTD [Active] CIN = U15312PB1993PTC013139

Company & Directors' Information:- U & V AGRO PRIVATE LIMITED [Active] CIN = U01403TZ2015PTC021823

Company & Directors' Information:- G M MILLS PRIVATE LIMITED [Active] CIN = U51900MH1999PTC122189

Company & Directors' Information:- B A B AGRO LTD [Strike Off] CIN = U24231MH1993PLC073114

Company & Directors' Information:- P AND CO TRADING INDIA PRIVATE LIMITED [Strike Off] CIN = U18101KL1999PTC013423

Company & Directors' Information:- P A T TRADING PRIVATE LIMITED [Active] CIN = U52190WB2009PTC137537

Company & Directors' Information:- M R RICE MILLS PRIVATE LIMITED [Active] CIN = U15312PB1986PTC006773

Company & Directors' Information:- R N K TRADING CO. PRIVATE LIMITED [Active] CIN = U45202PB2006PTC029721

Company & Directors' Information:- D. N. TRADING PRIVATE LIMITED [Strike Off] CIN = U52390WB2009PTC138180

Company & Directors' Information:- N J JOSE AND CO PVT LTD [Strike Off] CIN = U55101KL1979PTC003037

Company & Directors' Information:- B A B AGRO LTD [Active] CIN = U24233WB1987PLC043179

Company & Directors' Information:- U AND I TRADING PRIVATE LIMITED [Strike Off] CIN = U52399DL1989PTC035654

Company & Directors' Information:- J V TRADING PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC132481

Company & Directors' Information:- R K RICE MILLS PVT LTD [Active] CIN = U15312PB1988PTC008140

Company & Directors' Information:- S D RICE PRIVATE LIMITED [Strike Off] CIN = U15312PB1999PTC022547

Company & Directors' Information:- K R L TRADING PRIVATE LIMITED [Active] CIN = U51109WB2008PTC128889

Company & Directors' Information:- K P TRADING & COMPANY PRIVATE LIMITED [Active] CIN = U51503AN2012PTC000169

Company & Directors' Information:- B C M AGRO PRIVATE LIMITED [Active] CIN = U01119WB1999PTC090308

Company & Directors' Information:- K. K. AGRO PVT. LTD. [Strike Off] CIN = U51420WB1987PTC042090

Company & Directors' Information:- V. S. L. TRADING PRIVATE LIMITED [Active] CIN = U51909WB2009PTC139374

Company & Directors' Information:- A J TRADING PVT LTD [Active] CIN = U51491WB1988PTC045107

Company & Directors' Information:- K D AGRO PRIVATE LIMITED [Converted to LLP] CIN = U15312DL2005PTC131996

Company & Directors' Information:- C R TRADING CO LTD [Under Process of Striking Off] CIN = U65993WB1980PLC032526

Company & Directors' Information:- S V S TRADING INDIA PRIVATE LIMITED [Strike Off] CIN = U15549TN2001PTC047343

Company & Directors' Information:- A AND P TRADING COMPANY PVT LTD [Strike Off] CIN = U52100KL1990PTC005630

Company & Directors' Information:- R B MILLS PVT LTD [Active] CIN = U15141AS1949PTC001939

Company & Directors' Information:- A K TRADING COMPANY PRIVATE LIMITED [Active] CIN = U51392CH1995PTC016355

Company & Directors' Information:- H R AGRO PRIVATE LIMITED [Active] CIN = U01119PB1995PTC016403

Company & Directors' Information:- A T C (EAST INDIA) PRIVATE LIMITED [Active] CIN = U63090MH2000PTC126349

Company & Directors' Information:- R K AND F TRADING PRIVATE LIMITED [Active] CIN = U74999WB2020PTC239455

Company & Directors' Information:- S B TRADING PVT LTD [Under Liquidation] CIN = U10200WB1985PTC038857

Company & Directors' Information:- T S TRADING PRIVATE LIMITED [Active] CIN = U28910DL2001PTC109621

Company & Directors' Information:- A Q AGRO PVT LTD [Under Process of Striking Off] CIN = U51209WB2006PTC109930

Company & Directors' Information:- S E AGRO PRIVATE LIMITED [Active] CIN = U52500AP2016PTC103446

Company & Directors' Information:- T J F TRADING PRIVATE LIMITED [Under Process of Striking Off] CIN = U52190KL2010PTC025848

Company & Directors' Information:- R N S TRADING PRIVATE LIMITED [Active] CIN = U52300MH2009PTC194233

Company & Directors' Information:- S U B AGRO PRIVATE LIMITED [Active] CIN = U24129PN2000PTC015404

Company & Directors' Information:- A. C. TRADING PRIVATE LIMITED [Converted to LLP] CIN = U51909WB2011PTC163103

Company & Directors' Information:- V S M TRADING PRIVATE LIMITED [Active] CIN = U51909DL2005PTC133777

Company & Directors' Information:- S C TECH INDIA PRIVATE LIMITED [Strike Off] CIN = U45400HR2015PTC055858

Company & Directors' Information:- L. R. A. TRADING PRIVATE LIMITED [Under Process of Striking Off] CIN = U51109DL2010PTC202451

Company & Directors' Information:- L. B. L. TRADING PRIVATE LIMITED [Strike Off] CIN = U74140DL2010PTC202203

Company & Directors' Information:- S H A M TRADING PRIVATE LIMITED [Strike Off] CIN = U51420MH2001PTC131774

Company & Directors' Information:- F B TRADING PVT LTD [Active] CIN = U65921WB1988PTC045315

Company & Directors' Information:- T & T AGRO PRIVATE LIMITED [Active] CIN = U01132WB1999PTC090368

Company & Directors' Information:- R AND D TECH PRIVATE LIMITED [Active] CIN = U33112PN2004PTC018927

Company & Directors' Information:- K. R. B. TRADING PRIVATE LIMITED [Active] CIN = U51101UP2010PTC040779

Company & Directors' Information:- C L AGRO PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC051898

Company & Directors' Information:- M Y TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U16008UP1997PTC022161

Company & Directors' Information:- C M TRADING CO PVT LTD [Amalgamated] CIN = U51909WB1982PTC034578

Company & Directors' Information:- K. V. TECH INDIA PRIVATE LIMITED [Converted to LLP] CIN = U28939MH2008PTC181898

Company & Directors' Information:- L N TRADING CO PVT LTD [Active] CIN = U29303WB1954PTC021587

Company & Directors' Information:- S M S R TRADING PRIVATE LIMITED [Strike Off] CIN = U51909WB2015PTC206593

Company & Directors' Information:- S K E-TECH PRIVATE LIMITED [Strike Off] CIN = U72900WB2011PTC160500

Company & Directors' Information:- D-TECH INDIA PRIVATE LIMITED [Active] CIN = U72900DL2016PTC304389

Company & Directors' Information:- B R K AGRO PRIVATE LTD [Strike Off] CIN = U29211PB1994PTC014302

Company & Directors' Information:- T. H. AGRO MILLS PRIVATE LIMITED [Strike Off] CIN = U15135WB2006PTC111918

Company & Directors' Information:- R E I AGRO LTD. [Active] CIN = U01111WB1994PLC065082

Company & Directors' Information:- B N S TRADING PRIVATE LIMITED [Strike Off] CIN = U20299KA2006PTC039202

Company & Directors' Information:- K J TRADING CO PVT LTD [Strike Off] CIN = U52341KL1974PTC002616

Company & Directors' Information:- A D TRADING PRIVATE LIMITED [Active] CIN = U51909DL2002PTC114529

Company & Directors' Information:- P & S AGRO INDIA LIMITED [Strike Off] CIN = U01403MH2011PLC214782

Company & Directors' Information:- D N D AGRO (INDIA) LIMITED [Active] CIN = U01403PN2011PLC139235

Company & Directors' Information:- U S TRADING PRIVATE LIMITED [Under Process of Striking Off] CIN = U65993MH2000PTC129562

Company & Directors' Information:- B T MILLS PRIVATE LIMITED [Active] CIN = U18101MH1997PTC109479

Company & Directors' Information:- L C A AGRO PRIVATE LIMITED [Strike Off] CIN = U01112UP2005PTC029657

Company & Directors' Information:- T. B. TRADING LIMITED [Converted to LLP] CIN = U51909WB2017PLC220095

Company & Directors' Information:- F D M TRADING INDIA PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059248

Company & Directors' Information:- V M G AGRO INDIA LIMITED [Active] CIN = U01100MP2011PLC026434

Company & Directors' Information:- T R MILLS PRIVATE LIMITED [Active] CIN = U17111KA1954PTC000799

Company & Directors' Information:- N R TRADING CO PVT LTD [Active] CIN = U51909WB1985PTC039045

Company & Directors' Information:- V-TECH (INDIA) PRIVATE LIMITED [Active] CIN = U72100MH2000PTC127157

Company & Directors' Information:- F S AGRO TECH PRIVATE LIMITED [Active] CIN = U01211UR1996PTC020273

Company & Directors' Information:- G D AGRO PRIVATE LIMITED [Strike Off] CIN = U24122UP1993PTC015164

Company & Directors' Information:- G S B TRADING PRIVATE LIMITED [Strike Off] CIN = U52110TG1979PTC002524

Company & Directors' Information:- P B AGRO PRIVATE LIMITED [Amalgamated] CIN = U26960MH1990PTC057137

Company & Directors' Information:- THE RICE COMPANY INDIA PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109522

Company & Directors' Information:- C N TRADING PRIVATE LIMITED [Active] CIN = U91200UP1998PTC023690

Company & Directors' Information:- C P M TRADING COMPANY PVT LTD [Active] CIN = U51909KL1992PTC006517

Company & Directors' Information:- S R TRADING PRIVATE LIMITED [Under Process of Striking Off] CIN = U74899DL1996PTC082994

Company & Directors' Information:- R A P AGRO INDIA PVT LTD [Strike Off] CIN = U14200WB2006PTC107514

Company & Directors' Information:- J K MILLS LTD [Strike Off] CIN = U17200WB1946PLC013603

Company & Directors' Information:- THE INDIA TRADING CORPORATION PVT LTD [Strike Off] CIN = U51900WB1930PTC018891

Company & Directors' Information:- B. B. TECH AGRO PRIVATE LIMITED [Active] CIN = U93000WB2017PTC218848

Company & Directors' Information:- P N C TRADING CO PVT LTD [Active] CIN = U74999WB1961PTC025286

Company & Directors' Information:- G T E TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U52203CH1996PTC018873

Company & Directors' Information:- A. L. A TRADING PRIVATE LIMITED [Active] CIN = U51909WB2010PTC145269

Company & Directors' Information:- G M MILLS PRIVATE LIMITED [Amalgamated] CIN = U18101MH2003PTC138487

Company & Directors' Information:- P J M TRADING (INDIA) PRIVATE LIMITED [Active] CIN = U51900MH2005PTC158475

Company & Directors' Information:- K P TRADING CO PVT LTD [Active] CIN = U51909WB1980PTC032804

Company & Directors' Information:- M V TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51229CH1995PTC016293

Company & Directors' Information:- J P TRADING PVT LTD [Strike Off] CIN = U74899DL1978PTC008976

Company & Directors' Information:- G T AGRO INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142577

Company & Directors' Information:- F AND K AGRO PVT LTD [Strike Off] CIN = U29248PN1980PTC022759

Company & Directors' Information:- C-TECH INDIA PRIVATE LIMITED [Strike Off] CIN = U72900DL1995PTC070765

Company & Directors' Information:- U AND I TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51109DL1982PTC013848

Company & Directors' Information:- D S TRADING PRIVATE LIMITED [Strike Off] CIN = U74950MH1997PTC106883

Company & Directors' Information:- T B TECH PRIVATE LIMITED [Strike Off] CIN = U70100DL1986PTC023103

Company & Directors' Information:- E M AGRO (INDIA) PRIVATE LIMITED [Strike Off] CIN = U02001UP1997PTC022261

Company & Directors' Information:- A N M TRADING PRIVATE LIMITED [Active] CIN = U36999MH2000PTC124380

Company & Directors' Information:- J S AGRO PRIVATE LIMITED [Strike Off] CIN = U01300PB1993PTC013943

Company & Directors' Information:- B R RICE MILLS PRIVATE LIMITED [Strike Off] CIN = U01404DL1990PTC038906

Company & Directors' Information:- A N AGRO PRIVATE LIMITED [Strike Off] CIN = U01119DL1996PTC081855

Company & Directors' Information:- V R L AGRO PRIVATE LIMITED [Strike Off] CIN = U85110KA1999PTC024717

Company & Directors' Information:- RICE INDIA (P) LTD. [Strike Off] CIN = U99999DL1998PTC092455

Company & Directors' Information:- R. K. B. L. TRADING CO. PRIVATE LIMITED [Strike Off] CIN = U51498UP2008PTC035444

Company & Directors' Information:- P. S. R. AGRO PRIVATE LIMITED [Active] CIN = U24248UP1974PTC004017

Company & Directors' Information:- P S F TRADING PRIVATE LIMITED [Active] CIN = U70100MH2001PTC132895

Company & Directors' Information:- H G TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC142359

Company & Directors' Information:- O N AGRO PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031986

Company & Directors' Information:- V U TRADING PRIVATE LIMITED [Converted to LLP] CIN = U51909MH2005PTC154698

Company & Directors' Information:- F. N. TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U52520TG1997PTC026240

Company & Directors' Information:- K R S AGRO PRIVATE LIMITED [Strike Off] CIN = U01400PN2011PTC141711

Company & Directors' Information:- T C E TRADING PRIVATE LIMITED [Strike Off] CIN = U51909MN2014PTC008375

Company & Directors' Information:- J K AGRO PRIVATE LIMITED [Strike Off] CIN = U74900PY2011PTC002548

Company & Directors' Information:- C M S TRADING PRIVATE LIMITED [Strike Off] CIN = U52100TN2010PTC075065

Company & Directors' Information:- E W TRADING PRIVATE LIMITED [Strike Off] CIN = U51900TN2009PTC072688

Company & Directors' Information:- A L R TRADING PRIVATE LIMITED [Active] CIN = U52100MH2011PTC217069

Company & Directors' Information:- A. M. M. TRADING PRIVATE LIMITED [Active] CIN = U52190MH2009PTC192160

Company & Directors' Information:- O & B TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U52399MH2009PTC191669

Company & Directors' Information:- G T M AGRO PRIVATE LIMITED [Strike Off] CIN = U01100MH2005PTC150816

Company & Directors' Information:- S D D TRADING PRIVATE LIMITED [Active] CIN = U51101MH2011PTC216846

Company & Directors' Information:- M & N TRADING PRIVATE LIMITED [Strike Off] CIN = U51101MH2012PTC226366

Company & Directors' Information:- C 3 TRADING PRIVATE LIMITED [Strike Off] CIN = U51101MH2013PTC239343

Company & Directors' Information:- H. R. TRADING CO PRIVATE LIMITED [Strike Off] CIN = U51900MH2008PTC187303

Company & Directors' Information:- I S K TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51102MH2005PTC156676

Company & Directors' Information:- V TECH CORPORATION PRIVATE LIMITED [Strike Off] CIN = U74900PN2012PTC145814

Company & Directors' Information:- R T TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51909MH2004PTC144712

Company & Directors' Information:- A F TRADING PRIVATE LIMITED [Active] CIN = U51909MH2004PTC145877

Company & Directors' Information:- B A TRADING COMPANY PVT LIMITED [Strike Off] CIN = U51909MH2005PTC157017

Company & Directors' Information:- M G S H TRADING PRIVATE LIMITED [Strike Off] CIN = U51909MH2010PTC202602

Company & Directors' Information:- R. S. TECH PRIVATE LIMITED [Active] CIN = U45202MH2010PTC207142

Company & Directors' Information:- V V G TRADING COMPANY PRIVATE LIMITED [Active] CIN = U51101UP2013PTC055642

Company & Directors' Information:- F & S TRADING PRIVATE LIMITED [Active] CIN = U51101UP2016PTC076033

Company & Directors' Information:- S P P TRADING PRIVATE LIMITED [Strike Off] CIN = U72900TN2011PTC081006

Company & Directors' Information:- C J TRADING PRIVATE LIMITED [Active] CIN = U74999UP2011PTC047020

Company & Directors' Information:- P D TRADING COMPANY PVT LTD [Active] CIN = U51101WB1988PTC045612

Company & Directors' Information:- L D TRADING (INDIA) PVT LTD [Active] CIN = U51909WB1977PTC031291

Company & Directors' Information:- N V TRADING COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1989PTC038507

Company & Directors' Information:- A V N TRADING PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055186

Company & Directors' Information:- A T TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51909DL2003PTC120282

Company & Directors' Information:- R S O TRADING COMPANY PVT LTD [Strike Off] CIN = U51909DL2001PTC111180

Company & Directors' Information:- S K K TRADING PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC129251

Company & Directors' Information:- D H TRADING PRIVATE LIMITED [Strike Off] CIN = U51909DL2009PTC193683

Company & Directors' Information:- N B TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51909DL2010PTC206948

Company & Directors' Information:- Y K AGRO PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74999DL2013PTC250398

Company & Directors' Information:- N P M AGRO PRIVATE LIMITED [Strike Off] CIN = U15494DL2011PTC214942

Company & Directors' Information:- V P TRADING PRIVATE LIMITED [Strike Off] CIN = U51311DL1998PTC096692

Company & Directors' Information:- V. K. S. TRADING PRIVATE LIMITED [Active] CIN = U51391DL2013PTC253989

Company & Directors' Information:- R. H. M. TRADING PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC189283

Company & Directors' Information:- D A AGRO PRIVATE LIMITED [Active] CIN = U74900DL2015PTC288168

Company & Directors' Information:- T K TRADING PRIVATE LIMITED [Strike Off] CIN = U52300DL2011PTC224440

Company & Directors' Information:- N & Y TRADING PRIVATE LIMITED [Under Process of Striking Off] CIN = U52590DL2015PTC280124

Company & Directors' Information:- N A TRADING PRIVATE LIMITED [Strike Off] CIN = U85100DL2011PTC218986

Company & Directors' Information:- P & R TRADING PRIVATE LIMITED [Strike Off] CIN = U51909BR2013PTC019940

Company & Directors' Information:- A AND M TRADING CO PVT LTD [Strike Off] CIN = U27109AP1988PTC008440

Company & Directors' Information:- D. B. AGRO PRIVATE LIMITED [Active] CIN = U01100MP2010PTC025035

Company & Directors' Information:- B B TRADING PRIVATE LIMITED [Strike Off] CIN = U74900HR2014PTC051539

Company & Directors' Information:- E-AGRO TECH PRIVATE LIMITED [Active] CIN = U01403GJ2011PTC066613

Company & Directors' Information:- R K P TRADING COMPANY PRIVATE LIMITED [Active] CIN = U51109GJ2011PTC067760

Company & Directors' Information:- TRADING CORPN PVT LTD [Active] CIN = U67120KL1942PTC001187

Company & Directors' Information:- G O N TRADING PVT. LTD. [Strike Off] CIN = U51909GJ1986PTC008700

Company & Directors' Information:- B C P TRADING COMPANY INDIA PRIVATE LIMITED [Strike Off] CIN = U51109AS1996PTC004917

Company & Directors' Information:- T S V TRADING PRIVATE LIMITED [Strike Off] CIN = U01130DL1997PTC087349

Company & Directors' Information:- I. D. TRADING PRIVATE LIMITED [Strike Off] CIN = U52100MH2007PTC172346

Company & Directors' Information:- K. M. K. TRADING CO. PRIVATE LIMITED [Strike Off] CIN = U52100MH2007PTC173912

Company & Directors' Information:- J D TRADING COMPANY PRIVATE LIMITED [Strike Off] CIN = U51900MH1965PTC013396

Company & Directors' Information:- E G TRADING PRIVATE LIMITED [Strike Off] CIN = U52520TG2006PTC049739

Company & Directors' Information:- C S TRADING CO PVT LTD [Strike Off] CIN = U51311WB1956PTC023150

    CRL.A. No. 405 of 2005

    Decided On, 08 June 2020

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE P.V. KUNHIKRISHNAN

    For the Appellant: Dinesh Mathew J. Muricken, Advocate. For the Respondents: R1, P.T. Jose, R2, B. Jayasurya, Sr. Public Prosecutor.



Judgment Text


1. The above appeal is filed by the complainant in C.C. No.205 of 2000 on the file of the Judicial First Class Magistrate Court, Perumbavoor. The above calendar case was filed by the appellant against the first respondent herein for prosecuting him under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter the parties are mentioned by their rank before the trial court).

2. The complainant is 'Jose P.P., Manager, Rice Tech Agro Mills Pvt.Ltd., Mattoor, Kalady'. The case of the complainant is that the accused had purchased rice from the complainant firm for Rs.61,331.25 paise and out of which, an amount of Rs.30,000/- is due to the complainant. When the complainant demanded the said amount, the accused informed that he would repay the amount in three installments and issued three cheques for Rs.10,000/- each. The complainant presented the cheques for encashment. But, those cheques were dishonoured from the bank with an endorsement "Funds insufficient," on 06.09.1999, 07.09.1999, and 16.09.1999 respectively. The complainant issued a statutory notice in accordance to the Negotiable Instruments Act, on 18.09.1999 and the accused received the same on 20.09.1999. Even after the receipt of the notice, the accused did not repay the cheque amounts. Hence, the complaint.

3. To substantiate the case, one witness was examined on the side of the complainant and Exts.P1 to P7 are also marked. Ongoing through the evidence and documents, the trial court found that the accused is guilty under Section 138 of the Negotiable Instruments Act. He is sentenced to undergo simple imprisonment for three months and to pay a compensation of Rs.31,000/- to the complainant under Section 357(3) of the Code of Criminal Procedure. In default of payment of the said amount, there is a further direction to the accused to undergo simple imprisonment for 45 days.

4. Aggrieved by the conviction and sentence, the accused filed an appeal before the Sessions Court, Ernakulam. The learned Sessions Judge, after hearing both sides, allowed the appeal, and the conviction and sentence imposed on the accused were set aside mainly for the reason that the complaint is not filed by the payee or holder in due course. Challenging this acquittal order, this Criminal Appeal is filed by the complainant.

5. Heard the learned counsel for the appellant and the learned counsel for the first respondent.

6. The learned counsel for the appellant submitted that the acquittal order passed by the appellate court is per se illegal. According to the counsel, as per Ext.P7, the complainant is an authorized person to prosecute the complaint on behalf of the Company. Therefore, it is stated that the findings of the lower appellate court that, the complaint is filed by an individual and not by the 'Company' or 'Company represented by the Manager', is not correct. The Counsel relied on the judgments of the Madras High Court reported in Sagayadurai and Ors. V. J.D. Electronics [1997 (2) Crimes 115 (Mad.)] and in A. Krishnan v. S.P.Kumar [2001 CRL.L.J.3494]. The counsel also relied on the judgment of the Calcutta High Court, reported in M/s. Mohonlal Khemchand and others v.Pawan Kumar Mohanka and others [1996 CRL.L.J. 2927].

7. The counsel for the accused submitted that the complaint is filed by an individual and not by the Company or the Company represented by the Manager. The complainant has no case that, he became the holder in due course of the cheques. Therefore, the complaint itself is not maintainable, and hence the appellate court correctly allowed the appeal.

8. After hearing both sides, the point to be decided in this appeal is, whether a complaint filed by an authorized person of a Company is maintainable when the payee or the holder in due course of the cheques is the Company itself.

9. Admittedly, in this case, the payee in the cheques is 'Rice Tech Agro Mills Pvt.Ltd'. The statutory notice under Section 138(b) of the Negotiable Instruments Act is issued by Jose P.P., Manager, Rice Tech Agro Mills Pvt.Ltd., Mattoor, Kalady. Section 138(b) of the Negotiable Instruments Act says that the “payee or the holder in due course” of the cheque makes a demand for the payment of the amount in the dishonoured cheque by giving a notice in writing to the drawer of the cheque. As per Section 138 (c) of the Negotiable Instruments Act, the drawer of the cheque fails to make the payment of the amount to 'payee' or as the case may be to the 'holder in due course' of the cheque within 15 days the cause of action will arise. Section 142 of the Negotiable Instruments Act says that no court shall take cognizance of any offence punishable under Section 138 of the Negotiable Instruments Act, except upon a complaint, in writing, made by the 'payee' or, as the case may be, the 'holder in due course' of the cheque.

10. Section 7 of the Negotiable Instruments Act defines ‘Payee’ as “the person named in the instrument, to whom or to whose order the money is by the instrument directed to be paid, is called the ‘payee’”. Section 9 of the Negotiable Instruments Act says that ‘Holder in due course’ means “Any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to the bearer, or the payee or indorsee thereof, if payable to order, before the amount mentioned in it became payable, and without having sufficient cause to believe that any defect existed in the title of the person from whom he derived his title.”

11. Admittedly, a perusal of the cheques involved in this case, it is clear that the payee is 'Rice Tech Agro Mills Pvt.Ltd.'. Exhibit P3 notice was issued by Jose P.P., Manager, Rice Tech Agro Mills Pvt.Ltd. Similarly, the complaint is also filed by Jose P.P., Manager, Rice Tech Agro Mills Pvt.Ltd. The question is whether the Manager, Rice Tech Agro Mills Pvt.Ltd. can launch the complaint when the payee of the cheques is Rice Tech Agro Mills Pvt.Ltd. The complainant is relying on the Ext.P7 authorization of the Managing Director of the Company. Exhibit P7 reads like this:

“EXTRACT OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF DIRECTORS OF RICE TECH AGRO MILLS PVT LTD, HELD ON 20.09.1999 AT THE REGISTERED OFFICE OF THE COMPANY, RICE TECH AGRO MILLS (P) LTD, MATTOOR, KALADY-683 574.

“Resolved that company do institute the appropriate legal proceedings in the concerned courts against the dealers who have defaulted the payment due to the company and against those parties whose cheques have been returned/dishonoured by the Banks or otherwise and for this purpose Mr.P.P. Jose was appointed and is hereby authorized to attend the court to represent the company and affix his signature on behalf of the company on all complaints, affidavits, petitions to give evidence and to engage counsel whenever so required or in response to any notice or summons from any court or other authority in this regard.”

(Emphasis Supplied)

A reading of the above extract, it is clear that the Company appointed P.P. Jose and authorized him to attend the Court to represent the Company and affix his signature on behalf of the Company on all complaints, affidavits, petitions to give evidence and to engage counsel whenever so required or in response to any notice or summons from any court or other authority in this regard. Therefore, Mr. P.P. Jose was appointed and authorized as per Ext.P7, only to attend the court to represent the Company and to affix his signature on behalf of the Company. There is no authorization to Mr.P.P.Jose to file the complaint directly with his designation as Manager of the Company. Therefore, Ext.P7 will not help Mr. P.P. Jose to file the complaint directly in the capacity of the Manager of Rice Tech Agro Mills Pvt.Ltd. Exhibit P3 notice was issued by P.P.Jose, in his capacity as the Manager of the Company. Moreover, the complaint itself was filed by Jose P.P., Manager, Rice Tech Agro Mills Pvt.Ltd. There is no authorisation to Mr.P.P.Jose to file the complaint in his capacity as Manager of Rice Tech Agro Mills Pvt.Ltd., but, his authorization as per Ext.P7 is only to attend the Court to represent the Company and affix his signature on behalf of the Company. Therefore, Ext.P7 will not help the complainant to file the complaint in his name or in his capacity as the Manager of Rice Tech Agro Mills Pvt.Ltd.

12. Moreover, in Narayanan v. State of Maharashtra [2013 (4) KLT 21 (SC)], the Hon'ble Supreme Court considered the point, whether a power of attorney holder can file a complaint in his own name as if he was the complainant. The relevant paragraph of the decision in Narayanan (supra) is extracted hereunder:

“The power of attorney holder is the agent of the grantor. When the grantor authorizes the attorney holder to initiate legal proceedings and the attorney holder accordingly initiates such legal proceedings, he does so as the agent of the grantor and the initiation is by the grantor represented by his attorney holder and not by the attorney holder in his personal capacity. Therefore, where the payee is a proprietary concern, the complaint can be filed by the proprietor of the proprietary concern describing himself as the sole proprietor of the payee, the proprietary concern, describing itself as a sole proprietary concern, represented by its sole proprietor, and the proprietor or the proprietary concern represented by the attorney holder under a power of attorney executed by the sole proprietor. However, we make it clear that the power of attorney holder cannot file a complaint in his own name as if he was the complainant. In other words, he can initiate criminal proceedings on behalf of the principal.”

(emphasis supplied)

In National Small Industries Corporation Ltd. v. State (NCT of Delhi) and Ors.[AIR 2009 SC 1284], the Hon'ble Supreme Court observed like this:

“10. The term 'complainant' is not defined under the Code. Section 142, NI Act requires a complaint under section 138 of that Act, to be made by the payee (or by the holder in due course). It is thus evident that in a complaint relating to dishonour of a cheque (which has not been endorsed by the payee in favour of anyone), it is the payee alone who can be the complainant. The NI Act only provides that dishonour of a cheque would be an offence and the manner of taking cognizance of offences punishable under Section 138 of that Act. However, the procedure relating to the initiation of proceedings, trial, and disposal of such complaints, is governed by the Code. Section 200 of the Code requires that the magistrate, on taking cognizance of an offence on complaint, shall examine upon oath the complainant and the witnesses present and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses. The requirement of section 142 of NI Act that payee should be the complainant, is met if the complaint is in the name of the payee. If the payee is a company, necessarily the complaint should be filed in the name of the company. Section 142 of NI Act does not specify who should represent the company, if a company is the complainant. A company can be represented by an employee or even by a nonemployee authorized and empowered to represent the company either by a resolution or by a power of attorney.

11. Section 138, NI Act mandates that payee alone, whether a corporeal person or incorporeal person, shall be the complainant. Section 200 of the Code contemplates only a corporeal person being a complainant. It mandatorily requires the examination of the complainant and the sworn statement being signed by the complainant. If section 142 of NI Act and Section 200 of the Code are read literally, the result will be: (a) the complainant should be the payee of the cheque; and (b) the complainant should be examined before issuing process and the complainant's signature should be obtained on the deposition. Therefore, if the payee is a company, an incorporeal body, the said incorporeal body can alone be the complainant. The mandatory requirement of section 200 of the Code is that a Magistrate taking cognizance of an offence on complaint, shall examine upon oath the complainant, and that the substance of such examination reduced to writing shall be signed by the complainant. An incorporeal body can obviously neither give evidence nor sign the deposition. If literal interpretation is applied, it would lead to an impossibility as an incorporeal body is incapable of being examined. In the circumstances, a harmonious and purposive interpretation of Section 142 of NI Act and section 200 of the Code becomes necessary. Section 142 only requires that the complaint should be in the name of the payee. Where the complainant is a company, who will represent the company and how the company will be represented in such proceedings, is not governed by the Code but by the relevant law relating to companies. Section 200 of the Code mandatorily requires an examination of the complainant; and where the complainant is an incorporeal body, evidently only an employee or representative can be examined on its behalf. As a result, the company becomes a de jure complainant and its employee or other representative, representing it in the criminal proceedings, becomes the de facto complainant. Thus in every complaint, where the complainant is an incorporeal body, there is a complainant - de jure, and a complainant– de facto. Clause (a) of the proviso to section 200 provides that where the complainant is a public servant, it will not be necessary to examine the complainant.”

(Emphasis Supplied)

In Associated Cement Co.Ltd. v. Keshvanand [AIR 1998 SC 596], the Apex Court observed like this:

"24. The above scheme of the new Code makes it clear that complainant must be corporeal person who is capable of making physical presence in the Court. Its corollary is that even 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 and it is that natural person who is looked upon, for all practical purposes, to be the complainant in the case. In other words, 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.”

(Emphasis Supplied)

This Court also considered this point in Jayakumar v. Devi Vilasom Kettuthengu Sangham [2016(1) KLT 264]. The relevant portions of the judgment, are extracted hereunder:

"5. I have given my anxious consideration to the submissions made at the Bar. The question that arises for consideration is, whether the complaint was maintainable or not? Put it differently, whether the complainant/Society has locus standi to file the complaint under S.138 read with S.142 of the N.I.Act on dishonour of a cheque, which was issued to the Secretary in his name, allegedly in discharge of a liability to the Society?

6. Going by the complaint, obviously, it is seen that the complainant is Devi Vilasom Kettuthengu Sangham and the Sangham is represented by its Secretary Sri.Karunakaran Nair. But going by Ext.P1 cheque, it is seen that the payee is one Karunakaran, Nair. The case of the complainant is that, towards the price of coconuts purchased from the complainant/Society, 16,000/- was due to the complainant/Society and in discharge of the said liability, the said cheque was issued. Therefore, the liability under the cheque was towards Devi Vilasom Kettuthengu Sangham and not towards Karunakaran Nair. But Ext.P1 cheque is seen issued in favour of Karunakaran Nair. It means that though, Karunakaran Nair represents the Society as the Secretary of the Society, the complainant is the Society.

7. Going by S.138 of the N.I.Act, the statutory language is that where any cheque drawn by a person on the account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or liability, is returned by the bank unpaid due to want of sufficient funds, he shall be deemed to have committed an offence and shall be punished accordingly. In short, the cause of action enabling to file a complaint arises in favour of the payee when any cheque drawn by a person for payment of any amount to his favour is dishonoured for want of sufficient funds.

8. According to S.142 of the N.I.Act, notwithstanding anything contained in the Code of Criminal Procedure, 1973, no court shall take cognizance of any offence punishable under S.138 of the N.I.Act except upon a complaint, in writing made by the payee or as the case may be, the holder in due course of the cheque. Thus, the payee or the holder in due course alone has the locus standi to file a complaint under S.142 of the N.I.Act.

9. The above view is further fortified by S.138(b) of the N.I.Act. According to S.138(b) of the N.I.Act, the payee or the holder in due course of the cheque, as the case may be, shall send a notice in writing, to the drawer of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid. Thus the sub-section (b) clarifies that the payee or the holder in due course alone has the right to proceed against the drawer for the commission of the offence under S.138 of the N.I.Act. According to S.7 of the N.I.Act, the person named in the instrument, to whom or to whose order the money is by the instrument directed to be paid, is called "payee". Similarly, according to S.9 of the N.I.Act. "Holder in due course" means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or endorsee thereof, if payable to order, before the amount mentioned in it became payable, and without having sufficient cause to believe that any defect existed in the title of the person from whom he derived his title.

10. The proposition that can be culled out from the mandatory language under Ss.142 and 138(b) of the N.I.Act is that the locus standi to file a complaint under S.138 of the N.I.Act is given to the payee or holder in due course of the dishonoured cheque only and no court shall take cognizance of the offence punishable under S.138 of the N.I.Act, unless the complaint is filed by the payee or holder in due course of the dishonoured cheque.”

In the light of the above authoritative judgments of the Apex Court and this Court, it is clear that a power of attorney holder or an authorized agent of a Company can only represent the Company and they cannot file a complaint in his own name as if he was the complainant. In other words, he can initiate criminal proceedings only on behalf of his principal. This is clear from Section 138 (b) and (c) of the Negotiable Instruments Act also. In Section 138 (b) and (c), 'payee' or 'the holder in due course' is mentioned. A power of attorney holder of a Company is not a payee or the holder in due course, unless it is specifically stated in the document. Section 142 (a) of the Negotiable Instruments Act also mandates that no court shall take cognizance of any offence punishable under Section 138 of the Negotiable Instruments Act except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque. In every private complaint, where the complainant is an incorporeal body, there is a complainant – de jure and a complainant – de facto. Admittedly, Mr. P.P. Jose, Manager, Rice Tech Agro Mills Pvt.Ltd. is not the payee or, as the case may be, the holder in due course of the cheques. Therefore, the complaint filed by Mr. P.P.Jose based on Ext.P7 authorization is not maintainable because the payee of the cheques, in this case, is 'Rice Tech Agro Mills Pvt.Ltd.'

13. It is a well-recognized principle of criminal jurisprudence that anyone can set or put the criminal law into motion except when a statute enacts or creating an offence indicates to the contrary. It is true that, there is no question of locus standi of the complainant in criminal jurisprudence save and except that when the statute creating an offence provides for the eligibility of the complainant by necessary implications in it, and then the general principles get excluded by such statutory provisions. Section 142 is such a statutory provision by which it is stated that notwithstanding anything contained in the Code of Criminal Procedure, no Court shall take cognizance of any offence punishable under Section 138 of the

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Negotiable Instruments Act except upon a complaint in writing made by the payee or, as the case may be, the holder in due course of the cheque. Section 190 of the Code of Criminal Procedure indeed permits anyone to approach the Magistrate with a complaint especially because, it does not prescribe any qualification, the complainant is required to fulfill, to be eligible to file a complaint. But where an eligibility criterion for the complainant is contemplated, just like in the Negotiable Instruments Act, the general rule that anyone can set or put the criminal law into motion will go away. When the Negotiable Instruments Act clearly states that only the payee or, as the case may be, the holder in due course of the cheque alone can file the complaint and the Court can take cognizance of any offence punishable under Section 138 of the Negotiable Instruments Act, only based on such complaint, a power of attorney holder or an authorized agent of a Company cannot file a complaint in his personal capacity, even though he mentioned his designation in the Company in the complaint. In such a situation, the power of attorney holder or, the authorized person can only represent the Company. The company itself should be the complainant especially when the cheques are issued in the name of the Company. The company will be the complainant – de jure and the power of attorney holder/the authorised person will be the complainant – de facto. In the light of the above discussion, I respectfully disagree with the judgments of the Madras High Court in Sagayadurai and A.Krishnan(mentioned supra) and Calcutta High Court Judgment in Mohonlal Khemchand(mentioned supra) relied on by the counsel for the appellant. 14. In this case, admittedly, the cheques are issued in the name of the Company 'Rice Tech Agro Mills Pvt.Ltd'. But the complaint is filed by P.P. Jose, Manager, Rice Tech Agro Mills Pvt.Ltd. Mr.P.P. Jose is not the payee or, the holder in due course of the cheques. Therefore, the appellate court rightly found that the complaint is not maintainable. There is nothing to interfere with the acquittal order passed by the appellate court. Hence, this Crl. Appeal is dismissed confirming the order dated 07.12.2004 in Crl.Appeal No.1004 of 2004 on the file of the Sessions Court, Ernakulam.
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