NDLI: M/s Trl Krosaki Refractories Ltd Vs. M/s Sms Asia Private Limited & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973:
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973: s.482 – Dishonour of cheque – Respondent issued certain cheques in favour of the appellant company which on presentation were dishonoured by the bank – On respondent’s failure to comply with the demand notices, appellant filed the complaint before the Magistrate u/ss.138 and 142 of N.I. Act – Respondent filed petition u/s.482 before the High Court for quashing of complaint, which was allowed – On appeal, held: s.142(1)(a) of N.I. Act states that the complaint ought to be in writing and it should be filed by payee or the holder in due course – In the instant case, requirements were satisfied, firstly, complaint was filed in the name of the company i.e. the payee, through the General manager (Accounting) – Secondly, Managing Director of the appellant had duly authorized General Manager (Accounting) to institute proceedings and represent the company – The Managing director was delegated by the Board of Directors all the powers necessary for the management and operation of the company – Hence, the complaint u/s.138 NI Act was filed on the behalf of the payee company with due authorization – In respect of General Manager’s knowledge about the transaction or witness to the transaction, transactions between the parties were based on the agreement in which witness on behalf of appellant was none other than General Manager – Further, the document for reconciliation of account was attested by the representatives of the parties and appellant was represented by the General Manager – Moreover, when the cheques were dishonoured, it was the General Manager who issued the notices on the behalf of the appellant – Hence, the said documents and affidavit filed in lieu of oral sworn statements before Magistrate indicated that the appellant was represented by an authorized person who has knowledge about the transaction –Requirement of s.142 was satisfied – High Court was not justified in entertaining the petition u/s.482 – Negotiable Instruments Act, 1881 – s.142. Negotiable Instruments Act, 1881: s.142 – When a company is the payee of the cheque based on which a complaint is filed under s.138 of N.I. Act, the complainant necessarily should be the Company which would be represented by an employee who is authorized – All that is necessary is to demonstrate before the Magistrate that the complaint filed is in the name of the “payee” and if the person who is prosecuting the complaint is different from the payee, the authorisation therefor and that the contents of the complaint are within his knowledge – If at all, there is any serious dispute with regard to the person prosecuting the complaint not being authorized or if it is to be demonstrated that the person who filed the complaint has no knowledge of the transaction and, as such that person could not have instituted and prosecuted the complaint, it would be open for the accused to dispute the position and establish the same during the course of the trial – In such circumstances entertaining a petition under s.482 to quash the order taking cognizance by the Magistrate would be unjustified when the issue of proper authorisation and knowledge can only be an issue for trial.
Judge	Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna
Neutral Citation	2022 INSC 214
Petitioner	M/s Trl Krosaki Refractories Ltd
Respondent	M/s Sms Asia Private Limited & Anr.
SCR	[2022] 2 S.C.R. 268
Judgement Date	2022-02-22
Case Number	270

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