JUDGMENT - CHITRE J.G., J.:—Both these petitions are being decided by a common judgment and order because the point around which they are revolving is the same and the facts are similar.

2. The petitioners are hereby assailing the correctness, propriety and legality of the order by which the learned Magistrate issued the process against them for attending the Court in respect of the cases initiated against them in context with the provisions of section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act for convenience). These two petitions are dealing with two criminal prosecutions initiated against the petitioners in respect of two cheques one is for the sum of Rs. 25 lacs and the other is the cheque for the sum of Rs. 3,30,000/-. Both the cheques were drawn on the same day i.e. 5-1-1996 and both cheques were submitted by original complainant-the respondent No. 1 in Punjab National Bank on 5-7-96. Punjab National Bank presented those cheques to Samata Sahakari Bank Ltd., Santacruz (West), Mumbai on 8-7-96 and those cheques were dishonoured. Two complaints were filed in the Court of concerned Magistrate. He took the cognizance of those two complaints and

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