Monday, 12 August 2019

Whether complaint for dishonour of cheque is maintainable without signature of complainant?

 In the light of the above discussion, taking note of various provisions of the Act and the Code which we have adverted above, we hold that the complaint under Section 138 of the Act without signature is maintainable when such complaint is verified by the complainant and the process is issued by the Magistrate after due verification. The prosecution of such complaint is maintainable.
Supreme Court of India
Indra Kumar Patodia & Anr. vs Reliance Inds. Ltd & Ors. on 22 November, 2012

Bench: P. Sathasivam, Ranjan Gogoi.
Read full judgment here: Click here.
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