JUDGMENT

H.P. Sandesh, J. - These two appeals are filed against the judgment of acquittal dated 08.07.2010 passed in C.C.No.18361/2003 and C.C.No.15159/2004 and sought for an order to convict the respondents for the offence punishable under Sections 138 and 142 of the Negotiable Instruments act and award the compensation double the value of the subject matter of the cheque and pass such other orders.

2. These two appeals are considered together as the respondents are acquitted before the Trial Court only on the ground that the complaint filed by the general power of attorney holder is not just and proper and hence these two matters are taken up together for common disposal since common question is involved in the matter.

3. The factual matrix of the case in C.C.No.18361/2003 is that respondent No.1 is a partnership firm represented by its partners 2 to 5 and all of them are actively participating in the day-to-day activities of the business since it is a family business. accused Nos.2 to 5 approached the complainant for financial assistance for payment of money to procure asphalt from M/s. PEC Ltd., and also for payment to the Commissioner of Central Excise and Customs, Chennai and to