Home » 2012 » November 2012 » 22 November 2012, Negotiable Instruments Act Section 138, Negotiable Instruments Act Section 142 » Negotiable Instruments Act – Section 138 – complaint without signature

Negotiable Instruments Act – Section 138 – complaint without signature

Negotiable Instruments Act, 1881 — Sections 138 and 142 — whether the complaint without signature of the complainant under Section 138 of the Act is maintainable when such complaint is verified by the complainant and the process is issued by the Magistrate after verification? — held the requirements of Section 142(a) of the Act is that the complaint must necessarily be in writing and the complaint can be presented by the payee or holder in due course of the cheque and it need not be signed by the complainant — held the complaint under Section 138 without signature is maintainable when such complaint is verified by the complainant and the process is issued by the Magistrate after due verification — appeals dismissed.

 

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