Case Law Analysis
|Bombay High Court
Section 138 NI Act | Technical Defect in Authorization Does Not Invalidate Conviction When Presumptions Under Sections 118 & 139 Apply : Bombay HC
The Bombay High Court holds that failure to produce the original resolution authorizing a bank representative to file a complaint under Section 138 NI Act cannot override the statutory presumptions under Sections 118 and 139, provided the essential ingredients of cheque dishonour are established. This reinforces that procedural lapses in authorization are secondary to substantive proof in negotiable instruments cases, protecting financial institutions from technical acquittals.