- (1.) THE criminal misc. application is restored to file.
(2.) HEARD Sri Sushil Shukla, Counsel for the petitioner.
(3.) THIS petition under section 482 Cr. P. C. is filed assailing the order of the special Metropolitan Magistrate, Kanpur Nagar dated 12. 1. 1998 whereby cognizance was taken under section 138 of the Negotiable instrument Act (in short 'the Act') and the subsequent order dated 25. 1. 2000 rejecting the prayer to recall the said order passed in complaint case No. 795 of 1999. The sole contention of Sri Sushil Shukla, counsel for the petitioner is that the petitioner is a sleeping partner of m/s. Golden Graphics and she was not looking after day to day affairs of the said firm. Admittedly, post dated cheques were issued by Virendra kumar Anand, one of the accused in the complaint case. So far the petitioner is concerned it is submitted that no allegation is made against her that she was in-charge of and was responsible for day to day business of the firm. Since because she is one of the partners, she cannot be fastened with any criminal liability under section 138 of the Act.;