Negotiable Instruments Act, 1881–Sec. 138–Cheques issued in favour of Company–Dishonoured–Complaint–Dismissed with the technical view that the complaint was not filed by the Company and it was filed by the appellant who has described himself as the Managing Director of Company–It is quite apparent that the Managing Director has filed the complaint on behalf of Company–Merely because the name of Managing Director is stated first followed by the post held in the Company, it cannot be a fundamental defect– Board resolution was filed along with the complaint–Signatures on the cheques were not denied–No plea of any fraud or misrepresentation–Respondent failed to disclose why he did not meet the financial liability arising to a payee, who is a holder of a cheque in due course–Held, he is liable to be convicted.
