Complaint was dismissed under section 138 of Negotiable Instrument Act. The study revolves around Mr. Ravi Bhandari and the employee of the Standard Chartered Bank. Our respondent no. 1 Mr. Ravi issues a cheque dated on 29th September 1995 of considered amount Rs.15,300 drawn on Indian Overseas Bank of the defense colony, New Delhi branch. He further stated that it was in Favour for paying of his debts, but cheque got dishonored. Despite of sending some sort of notice, a reverse complaint was filed by an employee of the Standard Chartered Bank. It was under section 138 of the negotiable act. Due to the complaint not filed by any authorized Board of Directors it was dismissed by the trial court. Mr. Mathew Thomas was neither a part of Board of Directors nor he was authorized for complaining against any sort of criminal thing against any person.
The observations made by supreme court on basis of Habibullah Khan V. state of Orissa and ANR, 1995 (2) CCC 40SC and during UBI V. N. K and ors. The company also argued and accused the banking company of being incorporated with a limited liability in England. It even consists of branches Enkay house, ground floor 3-4 malcha Marg shopping complex Chanakyapuri and argued that only on basis of complaint being not done by an authorized person is not sustainable.
Under section 142 of Negotiable Instrument Act provides that a complaint under section 138 can be made by payee or holder. But instead, it was made by an opponent party. As trial court record was been sent back the complaint stands disposed of.