1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL APPLICATION NO.1291 OF 2009 Indo Global Knowledge Ventures Pvt.Ltd & Ors. .. Applicants Versus The State of Maharashtra & Ors..Respondents Mr.Harshad Bhadbhade for the applicants. Mr.H.J.Dedhia, A.P.P for the State. Mr.Nikhil Sakhardande i/by Mr.T.Kannari for the 2nd respondent. CORAM : A.S. OKA, J. DATE : 16th July 2009. P.C.: . Heard learned counsel appearing for the applicants and the learned counsel appearing for the 2nd respondent. The applicants have been arraigned as accused in a complaint filed by the 2nd respondent alleging commission of offence under section 138 read with section 141 of the Negotiable Instruments Act, 1881. Apart from various contentions raised in this application for challenging the order of issue of process, the learned counsel appearing for the applicant invited my attention to the verification statement of the authorised representative of the 2nd respondent. He pointed out that the verification statement is not in confirmity with section 200 of the Code of 2 Criminal Procedure. He has placed reliance on a decision of this Court in the case of Amarnath Baijnath Gupta & Anr. Vs. M/s.Mohini Organics Pvt Ltd & Anr. (2009 Criminal Law Journal 995). When this Court suggested to the learned counsel appearing for the applicants that in view of the said decision the complaint will have to be sent back to the learned Magistrate he submitted that there are other points on merits. 2. However, the learned Magistrate has not done his duty by properly recording a verification statement. Therefore, the course adopted by this Court in the case of Amarnath Gupta (supra) will have to be adopted. The learned Magistrate will have to record a fresh verification statement and to consider the complaint afresh. 3. Hence I pass the following order: : O R D E R : (a) The order of issue of process is set aside. (b) The learned Magistrate will record the statement of the complainant afresh under the provisions of section 200 of the 3 Code of Criminal Procedure, 1973 in the light of observations made by this Court in the case of Amarnath Gupta (supra). (c) After recording the verification statement, the learned Magistrate will pass appropriate order on the complaint in accordance with law. (d) All contentions of the parties on merits of the complaint are expressly kept open. (A.S.OKA, J)