Supreme Court of India
M/s. Haryana State Coop. Supply and Marketing A Federation Ltd. v. M/s. Jayam Textiles & Anr.
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What the Court ordered
We are of the opinion that, in the facts and circumstances of the case, an C opportunity should be given to the appellant-Federation to produce and prove the authorisation before the Trial Court, more so, when money involved is public money.
Judgment, page 8
From the headnote
Negotiable Instruments Act, 1881 - ss. 138 and 140 - c Penal Code, 1860 - s.420 - Cheques issued by respondents dishonoured - Complaints filed by appellant-federation - Dismissed by Magistrate - Appeals dismissed by High Court, solely on the ground that 'authorisation' was not produced by the complainant-appellant - High Court held that ' ', claiming to be the power of attorney holder of the appellant-Federation, had no locus standi to file the complaints/appeals as he had failed to prove that appellant-Federation had authorised him to file the same - Plea of appellant-Federation before
Authorities it was built on
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