K. SREEDHAR RAO, J.

( 1 ) BOTH the appeals pertain to the same parties, on same set of facts, giving rise to similar liabilities but for distinct and different periods.

( 2 ) THE Uppinangady Grama Panchayath conducted public auction of the stalls. The respondent-accused is the successful bidder of stall No. 2. The terms of auction are as follows:

(1) the successful bidder will be allotted the stall for a period of three years on leave and licence basis.

(2) The entire bid amount shall constitute the total rent for the total period of three years.

(3) One third of the bid amount shall be payable by cash immediately after the acceptance of bid. The balance of the bid amount representing two years rent could be payable by way of post dated cheques. The contract for occupation of the shop commenced from 1-7-1997. It is on record that even before completion of one year period, the respondent unilaterally terminated the contract, delivered the keys of the shop to the panchayath. The cheques issued by the accused towards future rental liability is presented for encashment. The cheques are dishonoured. In respect of said cheques a private complaint is filed against the accused.

( 3 ) THE

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