K.N. Keshavanarayana, J.

As the parties to these two appeals are common and since the facts are inter linked as also since common questions of law and fact arise for consideration, these two appeals were heard together and are being disposed of by this common judgment.

2. In these two appeals filed on grant of special leave under Section 378(4) of Cr.P.C, the common appellant-complainant has questioned the legality and correctness of the independent but identical judgments dated 4.2.2006 passed by XIII Additional CMM, Bangalore in C.C. Nos. 1608/2003 and 1609/2003, acquitting the common respondent-accused of the charge levelled against him for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'). For the sake of convenience, during the course of this judgment, I shall refer the parties with reference to their ranking in the trial Court.

3. The common complainant-Lakshmi Subramanya filed two private complaints alleging offence punishable under Section 138 of the Act against the common accused. In C.C. No. 1608/2003, the complainant inter alia contended that for discharge of his liability towards the complainant, the accused issu