Section 138 negotiable instrument act

Husbad and WIfe was partner in firm. The Husband died in Nov 2009. The wife also retired from the firm In July 2009. However, cheques issued by Husband in from the Firm was presented after the death of Husband. The blank cheque was given by Husband to loan provider. The 138 case filed and wife is facing the case. The Cheque was signed by Husbad in capacity of Partner but it was presented in bank after the death of Husband. As per SC the firm is treated as dissolved in case only two partner  and on death of any one partner. 

What preading, case laws should be placed before court from the wife side to save from the consequency of 138 case. The wife was not working partner as per deed of partnership also. The wife retired in July 09 and got the same registered with Registrar of FIrm also.