Mr. Ramendra Jain, J. (Oral):- 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 dated 02.03.2016 (Annexure P-1), titled ‘Ramesh Khanna Vs. Subash Chander’ against the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for short -’the Act’). After summoning of the petitioner, vide order dated 03.03.2016 (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 Sections 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 Section 141 of the Act. Under general law, a company and firm are different entities. Therefore, the same could not have been made applicable