P.SATHASIVAM, RANJAN GOGOI
INDRA KUMAR PATODIA – Appellant
Versus
RELIANCE INDUSTRIES LTD. – Respondent
JUDGMENT
P. Sathasivam, J.-Leave granted.
2. These appeals are filed against the common final judgment and order dated 17/18.03.2010 passed by the High Court of Judicature at Bombay in Criminal Appeal Nos. 287 and 288 of 2009 whereby the Division Bench held that the complaint under Section 138 of the Negotiable Instruments Act, 1881 (in short “the Act”) without signature is maintainable when such complaint was subsequently verified by the complainant.
3. Brief facts:
(a) Indra Kumar Patodia and Mahendra Kumar Patodia – the appellants herein are accused in Criminal Complaint being CC No. 1866/SS of 2007 (1866/MISC/1998) filed before the 16th Court of Metropolitan Magistrate, Ballard Estate, Bombay, for the offence punishable under Section 138 read with Sections 141 and 142 of the Act. Respondent No.3 herein is a Company duly registered under the Companies Act, 1956, presently under liquidation and official liquidator has been appointed by the High Court, which has alleged to have issued the cheques to respondent No.1.
(b) Respondent No.1 is the complainant and the manufacturers of Partially Oriented Yarn (POY) and other textile goods. From time to time, Respondent No. 3 used to plac
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