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november 2012

Supreme Court of India · 2012-11-22

Indra Kumar Patodia & Anr vs Reliance Inds. Ltd & Ors

Citation / case number
AIR 2013 SUPREME COURT 426
Court
Supreme Court of India
Petitioner
Indra Kumar Patodia & Anr
Respondent
Reliance Inds. Ltd & Ors
Author
P.Sathasivam
Bench
P. Sathasivam, Ranjan Gogoi

Judgment text excerpt

The Supreme Court held that a complaint under Section 138 of the Negotiable Instruments Act, 1881, can be maintained even if it is initially filed without the signature of the complainant, provided it is subsequently verified. The Court emphasized that such a defect is merely an irregularity that can be cured, thus allowing the complaint to relate back to the date of its original filing. The Court upheld the High Court's decision, affirming the maintainability of the complaint and rejecting the appellants' challenge.

Indra Kumar Patodia & Anr vs Reliance Inds. Ltd & Ors · Niyam