G. RADHAKRISHNA RAO, J.

( 1 ) SINCE common questions arise in Crl. P. Nos. 403 and 404 of 1992, both were heard together and are being disposed of by a common judgment.

( 2 ) CRL. P. No. 403 of 1992 arises out of C. C. No. 104 of 1991 and Crl. P. No. 404 of 1992 arises out of C. C. No. 105 of 1991 on the file of the learned II Additional munsif Magistrate, Ongole. Both the Criminal Petitions were filed under section 482 Cr. P. C. to quash the proceedings in C. C. Nos. 104 and 105 of 1991 respectively which were initiated under Section 200 Cr. P. C. and Section 138 of the Negotiable Instruments Act, 1988 (hereinafter referred to as "the Act" ).

( 3 ) THE facts leading to the filing of the two Criminal Petitions are, briefly, as follows: the petitioner in both the Criminal Petitions is the same. The petitioner borrowed a sum of Rs. 1,00,000/- from the first respondent in Crl. P. No. 403 of 1992 on 27-11-1990. On the same date, the petitioner executed a letter, a promissory note and also issued a post-dated cheque dt. 27-12-1990 for rs. 1,00,000/ -. The first respondent in Crl. P. No. 403 of 1992 presented the said cheque in Vijaya Bank at Ongole on 13-6-1991 and it was returned with a

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