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2002 Supreme(AP) 450

P. Sudhavenkata Lakshmi – Appellant
Versus
Sree Chakra Cotton Company, rep. by its Sole Proprietor, Puvvadisuresh – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) SRI Chakra Cotton Company filed four cases under Sec. 138 of the Negotiable Instruments Act (the Act) against Akshaya Textiles Limited (hereinafter referred to as "the Company) and its Directors in connection with the bouncing of cheques issued to it, after issuing statutory notices of demand after dishonour. They were taken on file and summonses were issued to the Company and its Directors. These petitions are filed by P. Sudhavenkata Lakshmi, one of the accused in these cases, for quashing the complaints against her, contending that she is not the Director of the Company and is implicated in the case only because she happens to be the wife of the Managing Director of the Company, and as she is of indifferent health.

( 2 ) THE main contention of the learned counsel for the petitioner is that since the petitioner is not a Director in the Company and since she is implicated in the case only because she is the wife of the Managing Director of the Company, prosecution against her is liable to be quashed. He relied on G. S. Prabhavathi Peti Vs. N. Subrahmanyeswara Rao1 and also on Janaki Manoharan v. Gayatri Sugar Complex Ltd. The contention of the learned co








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