Supreme Court of India

Indra Kumar Patodia & Anr. v. Reliance Industries Ltd. and Ors.

Neutral citation
Reported as [2012] 13 S.C.R. 129
Bench P. Sathasivam J.
Decided 22 November 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

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.

Judgment, page 19

From the headnote

Negotiable Instruments Act, 1881 - ss. 138 and 142 - Complaint under - Without signature - But verified by the complainant - Maintainability - Held: The complaint without signature is maintainable, when such complaint is verified by the complainant and process is issued by the Magistrate after due verification - The complaint is required necessarily to be in writing and need not be signed - Legislative intent was that 'writing' does not pre-suppose that the same has to be signed - 'Signature' within the meaning of 'writing' would be adding words to the Section, which the legislature did not

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