Kailash Gambhir, J.—By way of this common order bearing Cri. M.C. Nos. 2235/07 and 1399/08 filed by the petitioners under Section 482, Cr.P.C. seeking quashing of complaint case No.705/4/2004 and complaint case No. 708/4/2004 in Cri. M.C. No. 2235/07 and CC No. 6224/1/04 in Cri. M.C. No.1399/08 filed by the respondent under Section 138 of the Negotiable Instruments Act are being disposed off. The fundamental question raised by the petitioners in the present case is as to whether the petitioners, who are not the signatories of the dishonoured cheques, can be made to face criminal prosecution under Section 138 of the Negotiable Instruments Act simply on account of the fact that once the petitioner No. 2 was partner in M/s. Universal Engineering Co. on whose behalf one of their partner had issued the cheques in his individual and personal capacity and from his own saving Bank account. Before deciding the said question would be appropriate to give brief facts of the case as under:

The petitioner No. 2 viz. Mrs. Zulnar Haque and one Mr. P. Mohankrishnan started M/s. Universal Engineering Co. in the year of 1994 as their unregistered partnership concern, which was engaged in