Criminal case under ni act 138

Dear Mehmood

You have no option left but to wait for the direction/order of the Honb'le Bombay High Court and pendency  of a writ petitiion relating to the criminal proceeding u/s 138 NI Act, in absence of any interim order cannot stop the Metropolitian Magistrate to hear the case in his hand.

There is no seperate view of the court in this regard for a sick/ailing accused nor any excuse is considered on the poor health ground of the accused. At best you can apply u/s 205 Cr.P.C for dispensing with the personal attendance of your wife stating her poor health, and if permitted she may not be required to attend the court.

As told by Mr.Bhawani in absence of an interim order of High court you can not ask the magistrate to stay the case pending before him. Moreover eventhough the your wife is sleeping partner in your frim, the liability of Partnership firm is joint and several and hence your wife can be made party to the said case. However considering the health problem of your wife you can ask for permanent exemtion for you wife to attend the court so that she does not need to attendthe court on every date. You can file the aplication with magistrate court statig that your wife is not responsible for day to day mangement and business of your firm and she was no in charge any affiar of your firm at the time of issuing the cheques under dispute and hence she may dischared from the case. If magistrate is satisfied with your contnetion, he may discharge her. However as mentioed above the fact of joint and several liability may become an obstacle for you while praying this relief.   

1) Instead of complaining on minor issues of health etc you should contest the case on legal issues.

2) Once the cheque is issued and bounced by partnership firm all partners are liable.

3) Even Member of Parliament like AZRUDDIN  and MALYA has to face NBW  from courts.

4) Higher courts do not entertain such in between applications.

5) You must appoint a dedicated advocate who had won the cases in cheque matters, than only you can come out otherwise the procedure for cheque bounce is short .