1. Both the appeals are filed impugning the orders dated 29.07.2009 in Criminal Revision Petition Nos.90 and 91 of 2007 on the file of IV Additional District and Sessions Judge, Visakhapatnam.

2. The Appellant and Respondents 1 and 2 are hereinafter called as Complainant and accused for the sake of convenience.

3. The facts in brief are that the Complainant filed C.C. Nos. 41 and 42 of 2005 against the accused for the offence punishable under Section 138 of Negotiable Instruments Act (for short, ‘the Act’) on the file of II Additional Chief Metropolitan Magistrate, Visakhapatnam alleging that the accused availed secured loan and over draft facility from the Complainant, that after disbursement of the said loan on overdraft, the accused issued cheques to discharge the respective dues and the same were dishonoured endorsing ‘funds insufficient’ on 06.08.2004 and 31.08.2004 respectively, that after issuing the statutory notice respectively the Complainant presented two complaints against both the accused. The cases were taken on file against both the accused under Section 138 of the Act and the accused were examined under Section 251 Cr. P.C, for which they pleaded not guilt