1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2261 OF 2009 WITH CRIMINAL WRIT PETITION NO. 2262 OF 2009 WITH CRIMINAL WRIT PETITION NO. 2263 OF 2009 Ms. N. V. Damania ..Petitioner versus The State of Maharashtra & Anr. ..Respondents Mr. S. V. Marwadi i/b. Mr. S. P. Narkar for Petitioner. Mrs. A. A. Mane – APP for State. Mr. Subhash Jha with Mr. Yashpal Thakur i/b. M/s. Paras Kuhad & Associates for Respondent No. 2. CORAM : S. A. BOBDE, J. DATED : 11TH SEPTEMBER, 2009. P.C. : 1. Heard. Rule in all the petitions, returnable forthwith. By consent taken up for final hearing. 2. The petitioner – a Director of the company has challenged the issue of process under Section 138 of the Negotiable Instruments Act. The only point argued by the learned counsel for the petitioner is that the verification 2 before the Magistrate under Section 200 of the Cr.P.C. for issuing process is not in accordance with the law. There is no whisper in the verification that the petitioner who is said to be a Director of the company was responsible to the company for the conduct of its affairs as required by Section 141 of the Negotiable Instruments Act. There is no dispute that the verification must be in accordance with the complaint which must be in accordance with law vide a Amarnath Baijnath Gupta & Anr. vs. M/s. Mohini Organics Pvt. Ltd. & Anr. [ 2009 ALL MR (Cri) 184 ] . 3. In this view of the matter the impugned orders are set aside. The matters are remanded back to the Magistrate for recording afresh verification in accordance with law. The Magistrate shall complete the verification in all the matters in accordance with law within a period of four weeks from today. Order accordingly. 4, Rule discharged in all the matters. (S. A. BOBDE, J.)