for example: TATA AIG

  for example: Indian Contract Act

  for example: Ratan Tata

  for example: Negotiable Instruments Act

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



Sumida International Pvt. Ltd. and Others V/S Rama Vision Limited


Company & Directors' Information:- VISION CORPORATION LIMITED [Active] CIN = L24224MH1995PLC086135

Company & Directors' Information:- RAMA VISION LIMITED [Active] CIN = L32203UR1989PLC015645

Company & Directors' Information:- S AND I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1995PTC072210

Company & Directors' Information:- L T INTERNATIONAL LIMITED [Active] CIN = U74899DL1999PLC097892

Company & Directors' Information:- A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51102GJ2008PTC053840

Company & Directors' Information:- R. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51225DL2008PTC177405

Company & Directors' Information:- RAMA VISION LTD. [Not available for efiling] CIN = U32300DL1989PLC034717

Company & Directors' Information:- R-VISION INDIA PRIVATE LIMITED [Active] CIN = U93090DL1998PTC091607

Company & Directors' Information:- VISION INTERNATIONAL(INDIA) PRIVATE LIMITED [Active] CIN = U51229MH2000PTC129545

Company & Directors' Information:- SUMIDA INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51109DL1998PTC092036

Company & Directors' Information:- T. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72900DL1997PTC091049

Company & Directors' Information:- P V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1998PTC094598

Company & Directors' Information:- VISION INDIA PVT LTD [Active] CIN = U29309WB1984PTC037602

Company & Directors' Information:- VISION & VISION PRIVATE LIMITED [Active] CIN = U32101JH1988PTC003003

Company & Directors' Information:- N VISION (INDIA) PRIVATE LIMITED [Strike Off] CIN = U99999MH2000PTC126121

    Criminal Misc. Nos. 3019-3022 of 2005

    Decided On, 10 July 2006

    At, High Court of Delhi

    By, THE HONORABLE JUSTICE: A.K. SIKRI

    For Petitioner: Mr. Vishwendra Verma with Ms. Subhani And For Respondents: Mr. O.P. Shekhawat



Judgment Text


1. M/s. Rama Vision Ltd., respondent in the present proceedings, has filed a complaint under Sections 138/142 of the Negotiable Instruments Act, 1881 (for short, the Act'), which is numbered as Complaint Case No.84/2004 entitled M/s. Rama Vision Limited v. M/s. Sumida International Pvt. Ltd. & Ors. It is pending in the Court of Metropolitan Magistrate, Karkardooma Courts, Delhi. The complaint is founded on the allegations that M/s. Sumida International Pvt. Ltd. (hereinafter referred to as 'the company') was having business relations with the complainant and against the supply of goods, the company gave certain cheques which were dishonoured on presentation with the endorsement "insufficient funds". Legal notice under Section 138 of the Act was sent by Speed Post A.D., UPC as well as through carrier (courier?) to the company as well as its directors and thereafter complaint was filed as in spite of the said notice the money was not given to the complainant. Pre-summoning evidence was recorded whereafter the learned MM summoned all the accused persons. In the said complaint, the company is arrayed as accused No.1 and four other persons, who are the directors of the accused No.1 company, are arrayed as accused Nos.2 to 5.

2. In this petition filed on behalf of the company and three directors (accused Nos.2 to 4 in the complaint), the summoning orders are challenged. Insofar the company is concerned, which is the petitioner No.1 in this petition, the challenge is on the ground that Shri R.K. Sehgal, who filed the complaint on behalf of the complainant, is not a duly authorised person because the alleged authorisation letter was issued on 31.12.2000, long before the cause of action is purported to have been arisen on 06.12.2003. On behalf of the petitioner Nos.3 & 4 the ground made is that they resigned from the directorship of the company on 14.11.2003 and 15.11.2003 respectively, whereas the demand notice is dated 06.12.2003 and, therefore, they cannot be made liable. Furthermore, it is contended that there are no specific allegations against the petitioner Nos.2 to 4 in the complaint.

3. In the reply filed by the respondent, it is denied that Mr. R.K. Sehgal is not the authorised representative. It is stated that he is the Company Secretary of the respondent company and is a duly authorised person arid competent to initiate legal proceedings and depose before the courts. The Board of Directors of the respondent company have duly authorised him to file the cases on behalf of the company. It is stated that it is a general authorisation and in law no specific authorisation for a particular case is required. It is also pointed out that he is a principal officer as per the provisions of the Companies Act and is, therefore, entitled to file the cases on behalf of the respondent company even on this ground. The allegations that the petitioner Nos.3 & 4 resigned as Directors is denied and it is also submitted that in any case they did not resign from the Board of Directors during the relevant period and no documents have been supplied to the respondent in this regard. It is further submitted that there are specific allegations against all the directors in the complaint.

4. I have heard learned counsel for the parties and am of the opinion that no legal issues are raised by the petitioners on the basis of which they could maintain the present proceedings under Section 482 of the Code of Criminal Procedure. The petitioners have admitted that there is an authorisation letter issued in favour of Mr. R.K. Sehgal on 31.12.2000. It is also not in dispute that he is the Company Secretary. Learned counsel for the respondent is right in his submission that there need not be any specific authorisation of the Board of Directors for filing each case and there can be general authorisation to an officer by the Board of Directors. The copy of the authorisation letter dated 31.12.2000 has not been filed on record. Ultimately, the question as to whether Mr. R.K. Sehgal is duly authorised to file the complaint 011 behalf of the respondent company or not is a matter of evidence and the same cannot be gone into in these proceedings in the absence of particular documents produced before this Court.

5. Same is the position in respect of the other contentions. As per the averments made in the petition, the petitioner Nos.3 & 4 resigned from the directorship of the company on 14.11.2003 and 15.11.2003 respectively. The averments made in the complaint would reveal that the company had earlier issued two cheques of Rs.42.000/- each, which were replaced by cheques dated 11.11.2003 and 13.11.2003. When these cheques were issued, even as per their own showing, the petitioner Nos.3 & 4 were still the directors as they resigned only on 14/15.11.2003. Further, what is significant to note is that the cheques in question were signed by the petitioner Nos.3 & 4 and since they issued these cheques and were the signatories to these documents, they cannot shy away from their obligation now on the ground that they resigned after the issuance of the cheques and before the cheques were deposited in the bank.

6. I also find from the reading of the complaint that there are specific averments made in the complaint that all the directors are in-charge of and responsible for the day-to-day working and conduct of the business affairs of the company, being its

Please Login To View The Full Judgment!

directors authorised representatives/authorised signatories. It is also specifically stated that all these directors, namely, accused Nos.2 to 5, had approached the complainant after the dishonour of the cheques and had assured that they would honour their commitments. It is also stated that notices were issued to all these directors after the cheques were dishonoured. Therefore, whether these directors or any of them were or not in-charge of or evidence to be decided before the trial court. 7. For the foregoing reasons, I do not find any merit in this petition which is dismissed.
O R







Judgements of Similar Parties

14-02-2020 APS Forex Services Private Limited Versus Shakti International Fashion Linkers & Others Supreme Court of India
11-02-2020 Ircon International Limited Versus C.R. Sons Builders & Development Pvt. Ltd. & Another High Court of Delhi
07-02-2020 Swastik Builders, Satyam Apartments Next to Rowell Continental (Sunny International) & Others Versus Dr. Shobha & Others In the High Court of Bombay at Nagpur
30-01-2020 Bristol-Myers Squibb Holdings Ireland Unlimited Company & Others Versus BDR Pharmaceuticals International Pvt. Ltd. & Another High Court of Delhi
22-01-2020 M/s. IRCON International Limited, (A Government of India Undertaking), Rep. by its Joint General Manager(South), Bangalore Versus The Government of Tamil Nadu, Rep. by the Superintending Engineer(H), Villupuram High Court of Judicature at Madras
14-01-2020 Export Import Bank of India & Another Versus Punjab National Bank (International) Ltd. & Another High Court of Judicature at Bombay
14-01-2020 International Car and Motors Ltd. Versus Shyam Sundar Sen & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
13-01-2020 Union of India rep. By its Enforcement Officer Enforcement Directorate Chennai Versus M/s. Raiments & Garments International, Chennai & Others High Court of Judicature at Madras
19-12-2019 J. John Winfred Versus International Airport Authority of India Rep. By Airport Director, Chennai High Court of Judicature at Madras
12-12-2019 M/s. Saravana International, Rep. by its Proprietor C.R. Devanathan, Panruti Versus The Assistant Commissioner (ST), Panruti High Court of Judicature at Madras
06-12-2019 Tuli International Through it is Partner, Neeraj Tuli Versus New India Assurance Co. Ltd. Through Sh. A.K. Longai, Manager, Duly Contituted Attorney & Another National Consumer Disputes Redressal Commission NCDRC
06-12-2019 M/s. N.V. International Versus State of Assam & Others Supreme Court of India
13-11-2019 Shaji B. John, Kings International Ltd., Quilon & Others Versus The Marine Products Exports Development Authority, Cochin, Represented by Its Secretary, Dr. G. Santhanakrishnan High Court of Kerala
07-11-2019 SPT International & Finance Ltd. Versus Bank of Baroda & Another High Court of Judicature at Calcutta
30-10-2019 M/s. Usha International Ltd., Represented by its Chief Operating Officer, Haryana Versus Customs & Central Excise Settlement Commission, Additional Bench, Chennai & Another High Court of Judicature at Madras
22-10-2019 M/s. EOS GmbH-India Branch, Rep. By its Authorized Signatory, Prakasam Anand (Country Manager), Kolathur Versus The Deputy Commissioner of Income Tax, International Taxation 1(1), Chennai High Court of Judicature at Madras
17-10-2019 Head Legal, Gmr Hyd International Airport Ltd. Versus Registrar, Airports Economic Regulatory Appellate Tribunal 2 High Court of for the State of Telangana
17-10-2019 K.P.L. International Limited, Represented by it Senior Vice President, R.P. Mundra Versus The Commercial Tax Officer Saidapet Assessment Circle, Chennai High Court of Judicature at Madras
27-09-2019 Chennai Port Trust Versus Chennai International Terminals Pvt. Ltd. & Others High Court of Judicature at Madras
20-09-2019 International Society for Krishna Consciousness Versus Ishwari Prasad Singh Roy & Others High Court of Judicature at Calcutta
19-09-2019 Dharam Vir & Others Versus BGS International Public School & Others High Court of Delhi
18-09-2019 The Management of M/s. International Travel House Limited, Chennai Versus The Presiding Officer, First Additional Labour Court, Chennai & Others High Court of Judicature at Madras
29-08-2019 M/s. Kadimi International Pvt. Ltd. Versus M/s. Emaar MGF Land Limited High Court of Delhi
27-08-2019 Yun Zhang & Others Versus Sealegs International Limited Court of Appeal of New Zealand
27-08-2019 Central Board of Secondary Education, Application Branch, Shiksha Kendra, Delhi, Represented by its Secretary Versus Manager, Bethlehem International, Vazhakulam, Ernakulam & Others High Court of Kerala
19-08-2019 International Flavours & Fragrances India Pvt. Ltd., Chennai & Another Versus State of Kerala, Represented by the Public Prosecutor, Office of the Advocate General, Ernakulam & Another High Court of Kerala
09-08-2019 Glencore International AG Versus Indian Potash Limited & Another High Court of Delhi
07-08-2019 Sphere International, a proprietorship concern through its proprietor Rakesh Jalan Versus Ecopack India Paper Cup Pvt. Ltd. High Court of Judicature at Bombay
07-08-2019 San International Business School, Rep.by its Chairman, T. Jayalakshmi Versus The Director, Centre for Affiliation of Institutions, Anna University, Chennai High Court of Judicature at Madras
07-08-2019 K. Mahendran, Trincomalee Versus Deutche Welle Radio and TV International, Colombo Supreme Court of Sri Lanka
30-07-2019 M/s. Kuldip Singh Sethi & Gagan Goyal Versus Ecole Globale International Girls School High Court of Uttarakhand
29-07-2019 Bently Nevada LLC Versus Income Tax Officer, Ward-1(1) (2), International Taxation & Another High Court of Delhi
23-07-2019 KAS International, Represented by its Proprietor, Chennai Versus The Assistant Commissioner (CT), Purasawalkam Assessment Circle, Chennai High Court of Judicature at Madras
05-07-2019 M/s. Saravana International, Rep. by its Proprietor, C.R. Devanathan, Panruti Versus The Assistant Commissioner (ST), Panruti High Court of Judicature at Madras
03-07-2019 Tower Vision India Private Limited, Rep. by its Deputy Manager-Legal, M.S. Gautham Versus Panchayath Development Officer Nelahal Village Panchayath & Another High Court of Karnataka
01-07-2019 Anand Institute of International Studies, Through Shrimati Arun Pal Anand(Prop/Director), Madhya Pradesh Versus Sani Jaggi & Others National Consumer Disputes Redressal Commission NCDRC
28-06-2019 The Government of Tamilnadu, Rep.by its Secretary, Public Works Department, Chennai & Others Versus M/s. GMP International GMBH of Hardenberg Strassee 4-5, Rep.by its Authorised Singatory Col.C. Jaisankar (Retd.) High Court of Judicature at Madras
24-06-2019 R. Mallika & Another Versus Expeditors International India Pvt. Ltd., Represented by its Supervisor in Accounts department Bharanidharan High Court of Judicature at Madras
30-05-2019 Atakas Ticaret Ve Nakliyat As Versus Glencore International Ag Supreme Court of Appeal of South Africa
29-05-2019 Punjab State Warehousing Corporation Versus LMJ International Limited & Another High Court of Punjab and Haryana
16-05-2019 International Centre For Alternative Dispute Resolution Versus Union of India & Others High Court of Delhi
15-05-2019 R (on the application of Privacy International) Versus Investigatory Powers Tribunal & Others United Kingdom Supreme Court
14-05-2019 RUBFILA International Limited NIDA Versus Securities and Exchange Board of India, SEBI Bhavan & Another SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
10-05-2019 International Cycle Gears Versus The Controller of Patents & Designs & Others High Court of Judicature at Calcutta
09-05-2019 C. Mahendra International Ltd Versus Naren Sheth & Another National Company Law Appellate Tribunal
03-05-2019 M/s. SBI Global Factors Ltd. & Another Versus Official Liquidator of M/s Minar International Limited High Court of Judicature at Bombay
02-05-2019 Gugulothu Alya Versus Seed Works International Pvt Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
30-04-2019 Vijay Mohan, Sole Proprietor M/s. Agri Tech Versus M/s. Real Blue International Pvt. Ltd., Rep. by its Director Manoj Soman & Others High Court of Judicature at Madras
26-04-2019 Sumati Choraria & Another Versus M/s. Life Cell International (P) Ltd. West Bengal State Consumer Disputes Redressal Commission Kolkata
24-04-2019 Immanuel Arasar International Institute of Science & Technology Educational Charitable Trust rep. by its Founder Trustee Sam G.Jebajoselin Versus The Regional Officer, Southern Regional Office, AICTE & Others High Court of Judicature at Madras
22-04-2019 Maars Software International Ltd. & Another Versus Union of India & Others Supreme Court of India
16-04-2019 Hotel Theni International, Rep. by its Managing Director Vinod Mathew Versus The Assistant Commissioner(CT), Commercial Tax Department, Theni-II Before the Madurai Bench of Madras High Court
12-04-2019 Director Of Income Tax International Taxation Versus M/s. Schlumberger Asia Services Ltd. High Court of Uttarakhand
09-04-2019 Joseph Santhosh Kottarathil Alexander & Others Versus The Superintendent of Customs (Aiu), Cochin International Airport, Nedumbassery, Kochi & Others High Court of Kerala
02-04-2019 M/s. Zoom International, Rep. by its Proprietrix, V.N. Usha Versus The Commissioner of Customs & Another High Court of Judicature at Madras
01-04-2019 Steel Authority of India Limited & Another Versus International Commerce Limited & Others High Court of Judicature at Calcutta
29-03-2019 Ulo Systems LLC, Noida Versus DCIT (International Taxation) Income Tax Appellate Tribunal Delhi
29-03-2019 Ircon International Limited & Others Versus The State of Maharashtra through the Government Pleader High Court Others High Court of Judicature at Bombay
28-03-2019 M/s. Nav Jagriti Niketan Education Society Versus Delhi International School & Others High Court of Delhi
27-03-2019 International Lease Finance Corporation Versus Union of India & Others High Court of Delhi
25-03-2019 Kolkata West International City Pvt. Ltd. Versus Devasis Rudra Supreme Court of India
20-03-2019 Chicago Constructions International Pvt Ltd., Thiruvananthapuram, Represented by Its Managing Director S. Mohanakumar Versus State of Kerala, Represented by Its Secretary to Government, Water Resources Department, Thiruvananthapuram & Others High Court of Kerala
19-03-2019 International Consolidated Business Pty Ltd. Versus S.C. Johnson & Son Inc Court of Appeal of New Zealand
18-03-2019 MJs. Adventures International Pvt. Ltd., rep. by its Managing Director, Anil Kumar Sunkara Versus Commissioner Office of the Principal Commissioner of Service Tax & Another High Court of for the State of Telangana
18-03-2019 Lifestyle International Pvt. Ltd.Versus Pankaj Chandgothia & Another Union Territory Consumer Disputes Redressal Commission UT Chandigarh
13-03-2019 Lalit Kumar Arya & Others Versus M/s. Prabhat Zarda Factory International (Noida) & Others High Court of Delhi
13-03-2019 Joint Administrators of Lehman Brothers International (Europe) (In Administration) Versus Commissioners for Her Majesty's Revenue & Customs United Kingdom Supreme Court
12-03-2019 M/s. Rajesh Exports Limited, Represented by its Chairman Rajesh Mehta Versus Additional Commissioner of Customs Gr.1-4, Airport & ACC Customs Committee Kempegowda International Airport Devanahalli, Bangalore & Another High Court of Karnataka
11-03-2019 Vifor (International) Ltd. Versus Suven Life Sciences Ltd. High Court of Delhi
11-03-2019 National Insurance Company Ltd. Versus M/s. Ganesha International, New Delhi National Consumer Disputes Redressal Commission NCDRC
07-03-2019 International Centre for Alternative Dispute Resolution Versus Union of India & Another High Court of Delhi
07-03-2019 M/s. Friendly Video Vision Rakesh Kumar Bhagat Versus C.C. (Import & General), New Delhi Customs Excise amp Service Tax Appellate Tribunal Principal Bench New Delhi
06-03-2019 Allahabad Bank Versus Abhinandan International Pvt. Ltd. & Others High Court of Judicature at Calcutta
28-02-2019 Ircon International Ltd. Versus Union of India & Another High Court of Delhi
22-02-2019 Phoenix International Ltd. Versus Dhampur Polymers Pvt. Ltd. High Court of Delhi
20-02-2019 LMJ International Ltd. Versus Sleepwell Industries Co. Ltd. Supreme Court of India
19-02-2019 Cochin International Airport Ltd., Kochi, Represented By Its Airport Director, A. Chandrakumaran Nair Versus State Information Commissioner State Information Commission, Thiruvananthapuram & Others High Court of Kerala
15-02-2019 M/s. Jagannathan Sailaja Chitta Versus The Income Tax Officer, International Taxation 2 (2), Chennai High Court of Judicature at Madras
12-02-2019 International Spirits & Wines Association of India Versus State of Haryana & Others Supreme Court of India
08-02-2019 Principal Commissioner of Income Tax Versus M/s. Sunjewels International Ltd. High Court of Judicature at Bombay
06-02-2019 Deepali Chugh Versus Managing Director (South Asia) M/s. Turner International India Pvt. Ltd. High Court of Delhi
25-01-2019 International Commerce Limited & Another Versus Union of India & Others High Court of Judicature at Calcutta
24-01-2019 Gulf Hibiscus Ltd Versus Rex International Holding Ltd & Another Supreme Court of Singapore
22-01-2019 TRL Krosaki Refractories Ltd. Versus Lindsay International Private Limited High Court of Judicature at Calcutta
10-01-2019 M/s. International Seaport Dredging Ltd. Versus The Commissioner of Customs, Tiruchirapalli Customs Excise Service Tax Appellate Tribunal South Zonal Bench At Chennai
09-01-2019 Republic of India Through: Ministry of Defence Versus M/s. Agusta Westland International Ltd. High Court of Delhi
09-01-2019 M/s. Secure Wrap [India] Pvt. Ltd. Hyderabad, Represented by Its Kerala Manager, Mr. Sajo G. Daniel Versus Cochin International Airport Limited, Nedumbassery, Ernakulam, Represented by Its Managing Director & Another High Court of Kerala
02-01-2019 Carnousite Management India P. Ltd. Versus CBS International Projects P. Ltd. National Company Law Tribunal New Delhi
02-01-2019 Dhruba Sen Versus Tapasi Das, Proprietress of M/s. Wreak International & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
22-12-2018 House Full International Limited Versus Kothari Cars Private Limited High Court of Judicature at Bombay
21-12-2018 Ge Energy Parts Inc Versus Commissioner of Income Tax (International Taxation) High Court of Delhi
17-12-2018 Hema Harathi, Represented by Power of Attorney Holder Koka Prabhakar Rao Versus The Income Tax Officer, International Taxation, Chennai High Court of Judicature at Madras
10-12-2018 M/s. TDI International India (P) Ltd., Represented by General Manager (Sales), Sir Usman Court, New Delhi Versus The Regional Executive Director, Southern Region, Administrative Building, Airport Authority of India, Chennai International Airport, Chennai & Another Before the Madurai Bench of Madras High Court
05-12-2018 Kiran Shankar Rawool & Others Versus Eastern International Hotel & Others High Court of Judicature at Bombay
05-12-2018 A.T. Kalyani Versus K.J. Robert (deceased) rep. by its President International Church in India Trust rep. by its LRs. & Others High Court of Judicature at Madras
05-12-2018 International Hindu Sena Versus Union of India High Court of Gujarat At Ahmedabad
27-11-2018 Bangalore International Airport Area Planning Authority Versus Birla Super Bulk Terminal (Now A Unit of Ultra Tech Cement Ltd.) & Others Supreme Court of India
24-11-2018 Tata Projects Limited Versus Hazel International FZE & Others High Court of Judicature at Bombay
16-11-2018 Dcit, Chennai Versus M/s. Scope International Pvt Income Tax Appellate Tribunal Chennai
14-11-2018 M/s. Olam International, (Represented by its authorized Representative Suresh Sundararajan), Singapore Versus The Additional Deputy Superintendent of Police, Chennai High Court of Judicature at Madras