SMT. ASHA BALDWA Vs. RAM GOPAL

JUDGEMENT

(1.) The petitioner has preferred this misc. petition under section 482 of Cr.P.C., 1973 for quashing of the entire proceeding of criminal regular case No. 291/2013 pending in the court of learned Special Magistrate (N.I. Act Cases No. 1) Bhilwara, qua the petitioner, offence under Section 138 of the Negotiable Instrument Act.

(2.) The brief facts of this case are that a complaint was filed under Section 138 of the Negotiable Instrument Act, by the respondent against the petitioner and her son. The complaint proceeded and after an enquiry, cognizance has been taken against the present petitioner vide order dated 18.03.2013. It is an admitted position that the cheque was issued by the son of the present petitioner. It is also an admitted position that the petitioner was not the original partner in the Firm, but came into the picture only when her husband expired and she entered the Firm.

(3.) Learned counsel for the petitioner has shown from Section 141(2) of the Negotiable Instrument Act,1881 that the allegation can only be levelled against the Company or its partners or its Directors only when the offence was committed with the consent or connivance or, is attributable to, any neglect on the part of, any director, manager, secretary or partners.