SUBASH CHANDER AND ANOTHER Vs. RAMESH KHANNA

JUDGEMENT

(1.) By this common order, two above titled petitions are being disposed of, as similar facts are involved therein. For brevity, the facts are being extracted from CRM-M-24286-2017.

(2.) Briefly, respondent filed a Complaint No. 816 dtd. 2/3/2016 (Annexure P-1), titled 'Ramesh Khanna Vs. Subash Chander' against the petitioner under Sec. 138 of the Negotiable Instruments Act, 1881 (for short -'the Act'). After summoning of the petitioner, vide order dtd. 3/3/2016 (Annexure P-2), the petitioner appeared and thereafter, immediately approached this Court for dismissal of said complaint, on the ground that he could not have been summoned, without impleading his partnership firm.

(3.) Relying upon Ss. 138 and 141 of the Act, learned counsel for the petitioner inter alia contends that drawer of the cheque in favour of respondent-complainant was partnership firm of the petitioner and he has not issued the same in his individual capacity. The partnership firm is covered under the definition of company under Sec. 141 of the Act. Under general law, a company and firm are different entities. Therefore, the same could not have been made applicable in the impugned complaint, more particularly, when a firm has been specifically included in the definition of company. In support of his contentions, learned counsel for the petitioner has relied upon judgments in (i) Krishna Texport and Capital Markts Ltd. Vs. Ila A. Agrawal and others, 2015 8 SCC 28; (ii) I.C.S.D. Ltd Vs. Beena Shabeer and another, 2002 4 RCR(Cri) 74; (iii) Anil Sachar and another Vs. M/s Shree Nath Spinnder P. Ltd. and others etc., 2011 AIR(SC)(Cri) 1695; (iv) Jugesh Sehgal Vs. Shamsher Singh Gogi, 2009 3 RCR(Cri) 712; (v) Mrs. Aparna A. Shah Vs. M/s Sheth Developers Pvt. Ltd. and another, 2013 4 SCC(Cri) 241; (vi) Anil Gupta Vs. Star India Pvt. Ltd. and another, 2014 3 RCR(Cri) 587; (vii) Jitendra Vora Vs. Bhavana Y. Shah and another, 2015 4 RCR(Cri) 398; (viii) Mainuddin Abdul Sattar Shaikh Vs. Vijay D. Salvi, 2015 3 RCR(Civ) 711; (ix) M/s Target Overseas Exports Pvt. Ltd. Vs. A.M. Iqbal and others, 2005 2 RCR(Cri) 773; (x) Indira Gandhi Memorial General Marketing Society Ltd. Vs. Roys Abraham, Maliekkal House, 2017 4 KerLJ 155; (xi) Srikant Somani and others Vs. Sharad Gupta and another, 2005 3 RCR(Cri) 304; (xii) Paulose Vs. M/s Malabar Cements Ltd. and another,2018 2 NIJ 398; (xiii) Suresh Kumar Kochhar and another Vs. State of Punjab, 2014 2 RCR(Cri) 206; (xiv) N. Elangovan Vs. C. Ganesan,2014 31 RCR(Cri) 242; (xv) Ratishbhai D. Ramani Vs. State of Gujarat and another,2014 35 RCR(Cri) 798; (xvi) K. Babu, Shiva Surya (Putehn Tharayil), Padinjare Nada Vs. State of Kerala, 2017 4 KerLJ 33; (xvii) K.S. Gupta Enterprises Vs. Mr. Ashok Shaligram Gupta and others,2015 34 RCR(Cri) 637;(xviii) Oanali Ismailji Sadikot Vs. State of Gujarat and another,2016 1 Crimes(HC) 79 and (xix) Aneeta Hada Vs. Godfather Travels and Tours Pvt. Ltd., 2012 2 RCR(Cri) 854.