POONAM MAHAJAN Vs. MOHAN LAL SWARA

JUDGEMENT

(1.) The short submission made by the learned counsel for the petitioner is that criminal proceedings under Section 138 of the Negotiable Instruments Act cannot be taken against her, as the cheques were issued by another partner of the firm. It is submitted that she is a sleeping partner and as such, she cannot be made liable. Section 141 of the Negotiable Instruments Act is relevant and is being reproduced below :-

(2.) A perusal of the above provision makes it apparent that where an offence is committed under Section 138 of the Negotiable Instruments Act, then every person who is incharge of the business of the Company for the conduct of the business of the company as well as the company would be deemed to be guilty of the offence.

(3.) The trial Court as well as the Additional District Judge, Jammu rightly found no merit in the submissions of the petitioner and has observed that every person who is looking after the affairs of the concern would be liable for prosecution.