In all these four writ petitions, the parties are one and same and they raise a common question of law as to whether a prosecution launched under section 138 of the Negotiable Instruments Act (“NI Act” for short) against a partner alone without joining the partnership firm can be maintainable. Hence, they are being decided by this common judgment.

2. By these petitions, the original accused is challenging the order dated 23rd July 2013 in Criminal Revision Petition No.7 of 2012 passed by the learned Additional Sessions Judge, Mangaon, Dist. Raigad, thereby confirming the order of issue of process dated 3rd January 2012 in Summary Case No. 312 of 2011 passed by the learned Judicial Magistrate, First Class, Shrivardhan under section 138 of the NI Act.

3. Brief facts, relevant for deciding the question of law involved in these petitions, are stated as follows: The partnership firm of the petitioner by name M/s Alamgiris and respondent no.1 – a company registered under the Companies Act, 1956 had entered into an Agreement dated 7th February 2011 to sell iron ore fines by the petitioner to respondent no.1. The final contract was entered into between these two parties on 8th Apri