These two appeals, preferred by Vinayak Parulekar, the complainant; are directed against the two judgments and orders of acquittal of the respondent - accused rendered in two criminal cases bearing No.138/OA/1997/D and 130/OA/1997/D. Both these cases were tiled by the complainant under section 138 of Negotiable Instruments Act (for short 'the Act').

2. Criminal Appeal No. 37/2006 is directed against the judgment and order dated 16-12-2005 passed by the learned Magistrate in Criminal Case No. 138/OA/1997/D (for short 'the first case') and Criminal Appeal No. 38/2006 is directed against the judgment and order dated 16-12-2005 passed by the learned Magistrate in Criminal Case No. 130/OA/1997/OA (for short 'the second case'). By the impugned judgments the trial Court has acquitted the accused of the offence punishable under section 138 of the Negotiable Instruments Act, (for short 'the Act')

3. Though the cheques and the evidence led by the parties in these two cases are separate, the parties and the facts so also the circumstances against which the cheques of Rs. 3 Lacs and Rs. 5 Lacs were issued, are similar and hence, these two appeals are being disposed of by this common