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Bhupesh Rathod v. Dayashankar Prasad Chaurasia

Negotiable Instruments Act, 1881 – Sections 138, 139, 118 & 142 – Cognizance of Offences – No Magistrate could insist that the particular person whose statement was taken on oath alone can continue to represent the Company till the end of the proceedings. Not only that, even if there was initially no authority the Company can at any stage rectify that defect by sending a competent person. [Para 19]

Negotiable Instruments Act, 1881 РSections 138, 139, 118 & 142 РCognizance of Offences РThere could be a format where the Company’s name is described first, suing through the Managing Director but there cannot be a fundamental defect merely because the name of the Managing Director is stated first followed by the post held in the Company. [Para 22]