RASHMINA HIRENKUMAR PATEL vs NIMESHBHAI HARISHBHAI SHAH Advocate - A P PARMAR — 101/2025

Summary: The court dismissed the criminal revision application filed by Rashmina Hirenkumar Patel, a partner in a firm, challenging her summons in a cheque bounce case under Section 138 of the Negotiable Instrument Act. The court held that while a partner who did not sign a cheque cannot be automatically liable, at the summoning stage, a prima facie case exists where partnership is admitted and responsibility for business is alleged. The court ruled that the defence of being a "sleeping partner" and non-signature are matters of evidence for trial, not grounds to quash summons at the initial stage, and confirmed the lower court's summoning order. This case analysis is maintained by casestatus.in based on publicly available court records.