RAJ LAKSHMI MILLS Vs. SHAKTI BHAKOO
SUPREME COURT OF INDIA
RAJ LAKSHMI MILLS
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(1.)Special leave granted.
(2.)The appellant had filed a criminal complaint against the respondent as well as her brother-in-law Anoop Bhakoo under Section 138 of the negotiable Instruments Act because of dishonour of a cheque which had been issued by M/s Sutlez Knitwears of which Anoop Bhakoo and the respondent were partners. Against the summoning order passed by the magistrate, the respondent filed a petition under Section 482 Crpc after the respondent's application for discharge was unsuccessful.
(3.)The High Court invoked the provisions of Section 141 of the negotiable Instruments Act and came to the conclusion that as the respondent was not in charge or responsible for the conduct of the business, therefore the order summoning her was bad in law.
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