By way of this common order bearing Crl. 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 Crl.M.C. No. 2235/07 and CC No. 6224/1/04 in Crl. M.C. No. 1399/08 filed by the respondent under Section 138 of the Negotiable Instruments Act are being disposed of. 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 it 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 business of canvassing and booking orders on behalf of respondent/complainant and stocking the Birla Yamaha Portable Generators which are manufactured by the respondent/complainant Company. The petitioner No. 1 viz. M. Abdul Haque is the husband of petitioner No.2 and he has nothing to do with the business and affairs of the M/s Universal Engineering. Therefore, the Petitioner No.1 is nowhere connected with the activities of M/s Universal Engineering and he is not at all connected for the trading and business of M/s Universal Engineering. During the course of business certain dispute arose between the complainant and the Petitioner No.2 as well one Mr. P. Mohankishnan with regard to the conduct of the business and also concerning some dues. The detailed business meetings were held on 12.02.1998 and 13.02.1998 between representatives of the Respondent/complainant (Birla Yamaha Ltd.) with the partners of M/s Universal Engineering. In these meetings, the Respondent/complainant (Birla Yamaha Ltd.) herein was represented by Sh. Sandeep Kapoor “ DGM (MKTG), Sh. Rakesh Sharma -- Senior Manager Accounts, Sh. G. Swaminathan “ Sr. Manager Marketing, Sh. K. Balamurugan “ Area Sales Manager and Sh. K. Ramachandran, Sr. Asst. Engr. On the other hand M/s Universal Engineering was represented by its both the partners Mr. P. Mohankrishnan and the 2nd Petitioner viz. Mrs. Zulnar Haque. In these business meetings, the parties arrived at the conclusion that Mr. P. Mohankrishnan agreed to liquidate the outstanding of Rs. 9,82,765/-and ready to make the payment in the form of cheques bearing Nos. 332611 to 332620, Dhanalakshmi Bank, Coimbatore, Tamil Nadu and in case of any default, the complainant reserved their rights in taking immediate legal action for the recovery of the above from Mr. P. Mohanakrishnan. True copy of the minutes of these meetings held on 12th and 13th February 1998 was accepted and signed on 13.02.1998 by Sh Sandeep Kapoor “ DGM (MKTG), Sh. Rakesh -- Sr. Manager Marketing, Sh. K. Balamurugan - Area Sales Manager and Sh. K. Ramachanderan, Sr. Asst. Engr. on behalf of respondent/complainant. As per the minutes of the meeting dated 13.02.1998 and in order to discharge his own monetary obligation, Mr. P. Mohanakrishnan, the partner of M/s Universal Engineering in his individual capacity and liability issued cheque bearing No. 332617 dated 25.06.2001 of Rs.4,00,00.00/- (Rupees Four Lacs Only), cheque No. 332618 dated 27.06.2001 of Rs.5,00,000.00/- (Rupees Five Lacs only), cheque No. 332619 dated 19.06.2001 of Rs.2,50,000.00/- (Rupees Two Lacs Fifty Thousand only) and cheques No. 332620 dated 30.06.2001 of Rs.2,78,134.00/-(Rupees Two Lacs Seventy Eight Thousand One Hundred Thirty Four only) from his personal account maintained by him i.e. in Dhanalakshami Bank Ltd. Gand