JUDGMENT

1. Crl.A No.772/2021 has been filed by accused no.3, whereas Crl.A No.827/2021 has been filed by accused no.2. Both the appeals have sought to challenge the judgment of conviction dated 27.05.2021 and order of sentence dated 28.05.2021 passed in Spl.Case No.927/2019 by the LXXXI Addl. City Civil & Sessions Judge (CCH-82), Bengaluru, convicting and sentencing the appellants/accused for an offence punishable under Section 138 of the Negotiable Instruments Act.

2. The complaint came to be filed by the respondent-bank against the accused persons for an offence punishable under Section 138 of the Negotiable Instruments Act, ("N.I.Act", for short) seeking for registration of case against the accused and for punishment. The complaint came to be initiated in light of dishonour of the cheque stated to have been issued for the purpose of repayment of Term Loan which cheque was issued on behalf of accused no.1 vide cheque bearing No.129013 dated 30.10.2007. The cheque is stated to have been signed by accused nos.2 and 3 on behalf of accused no.1 company.

3. It is stated that on presentation of the cheque for encashment, the same came to be returned on 13.11.2007 with an endorsement "Ins