KIRAN SHAILEN JHAVERI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONER has challenged the order dated 9-10-2000 passed by the Chief Metropolitan Magistrate, Esplanade, Mumbai in Criminal Case No. 349/w/1997 Ex. L rejecting her application for discharge.

(2.) PETITIONER claims for discharge by quashing and setting aside the aforesaid prosecution and especially order of taking cognizance on following facts and material.

(3.) PETITIONER got married to one Mr. Shailen Jhaveri who wanted to start business with his friend by name Mr. Parag Trivedi. The marriage took place in December, 1985 and thereafter petitioners husband entered into partnership business in the firm name M/s. Kini Corporation. Petitioner was also one of the partner and it is not disputed before me that she was a sleeping partner and as such was not taking any active part in the business of the firm. The firm started business of exporting diamonds to different parties. One Mr. Jayantilal Jhaveri who was Manager of the firm siphoned of certain monies belonging to the firm. On 26-4-1991 Shailen Jhaveri committed suicide.