Common Judgment:

Both these appeals arise out of the judgment and order of acquittal passed by the XIV ACMM, Mayo Hall Unit, Bangalore in C.C. No.26130 of 2001 and C.C. No.26134 of 2001 respectively whereby the Court below acquitted the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 mainly on the ground that the complaint filed is a premature one. Therefore, aggrieved by the order of acquittal, the appellant has come up with these two appeals. The respondent in both the cases is one and the same.

2. The case of the appellant in Cri. A. No. 887 of 2005 is that the respondent herein borrowed a sum of Rs. 1,00,000/- during October 1999 with assurance to repay the same. For repayment of the said amount, the respondent had issued two post-dated cheques, each for Rs. 50,000/-, dated 8-12-1999 and 17-12-1999 bearing Nos. 503537 and 503538, drawn on State Bank of India, Banasavadi Branch, Bangalore. When both the cheques were presented for encashment, they were returned through his banker with an endorsement `insufficient funds' on 24-4-2000. It is the further case of the appellant that immediately after dishonour of the cheques, h