( 1 ) THESE Criminal petitions are filed under Section 482, Cr. P. C. challenging the order of the Addl. Sessions Judge, Shimoga. The petitioner filed the complaints under Section 138 of Negotiable Instruments Act against the respondent who is common in both the cases. On 24-11-99 the complaints are filed by the petitioner came to be dismissed for default. However, the proceedings of the order sheet discloses that immediately after the dismissal, the counsel appearing for the petitioner appeared requesting the Court for recall of the dismissal order and exempting the complainant's presence. The Court allowed the request and immediately by recalling the order adjourned the matter to 12-1-2000. The said order came to be challenged in the Criminal petition No. 241/99 and 243/99. The learned Sessions Judge allowed the revision and set aside the order of restoration dated 24-11-99. Being aggrieved, the complainant has filed the present petition.

( 2 ) THE complainant and respondents are common in both the cases but in respect of different transactions two cheques came to be issued. Therefore, two separate complaints have been filed. The material facts and the question of law in both the

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