T.S. Doabia, J.— The short sub-mission made by the learned counsel for the petitioner is that criminal procee-dings under Section 138 of the Negotiable Instruments Act can not be taken against her, as 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 Nego-tiable Instrument Act is relevant and is being reproduced below:—

“Section 141 of Negotiable Instru-ment Act provides for offences by companies which reads as under; (1) If the person Committing an offence under Section 138 is a company every person who, at the time the offence was committed was in charge of, and was res-ponsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to guilty of the offence and shall liable to be proceeded against and punished accordingly. ”

2. A perusal of the above provi-sion makes it apparent that where an offence is committed under section 138 of the Negotiable Instrument 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 deeme