JUDGMENT

H.L. Dattu, J. —

Leave granted in both the special leave petitions.

2)These two appeals are directed against the judgment and order of the High Court of Kerala in Crl. Rev. Petition No.1387 of 2006 dated 03.10.2007.

3)Since parties are common and the legal issues are identical, they are heard together and disposed of by this common order.

4)The factual matrix in brief is as under:-

The facts in criminal revision petition No.1387 of 2006 may be noticed for the purpose of disposal of the appeals. The appellant (accused) and the respondent (complainant) are employed as High School assistants in SSHSS school in Moorkanand. The respondent has filed a complaint against the appellant before the learned Magistrate for an offence under Section 138 of the Negotiable Instruments Act (the ‘Act’ for short). The complainant’s case is that the appellant, who was due in a sum of Rs.5,00,000/-, issued a cheque dated 16.06.2003 in respect of that liability, and when the cheque was presented for encashment, the same was returned with an endorsement of “insufficiency of funds.”

5)The complainant, through his Advocate, had issued notice to the appellant demanding the payment and that in spite of the