KAVITHA Vs. M.N.KARUNANIDHI

JUDGEMENT

(1.) The petitioner is shown as A3 in C.C.No.388 of 2013, on the file of the learned Fast Track Court (Magistrate Level), Karur. It is a case arising under Section 138 of Negotiable Instruments Act. This criminal original petition has been filed for quashing the proceedings insofar as A3 is concerned. A3 is the wife of the A2, who had actually signed in the cheque. The account stands in the name of A1's firm. Both A2 and A3 are partners in the said firm. The counsel for the petitioner states that the petitioner is only a sleeping partner and the activities of the firm are only managed by her husband namely., A2.

(2.) He placed reliance on the decision of the Honourable Supreme Court made in S.L.P.(Crl.)No.5083 of 2008, dated 06.07.2010 (Central Bank of India Vs. M/s.Asian Global Ltd., and Ors). The Honourable Supreme Court held as follows:-

(3.) He also placed reliance on a recent decision of this Court made in (S.Shiyamala Vs. Crompton Greaves Limited). Paragraph 3 of the said order reads as follows:-