1. The above criminal Appeals involve common facts and raise a common issue and are therefore heard and disposed of together. Criminal Appeal No. 17 of 2009 is filed challenging the judgment and order dated 26.9.2008 passed by the learned Additional Sessions Judge-3, South Goa, Margao, by which the judgment and order dated 8.5.2008 passed in Criminal Case No. 1199/OA/NIA/06/B by the learned J.M.F.C., Vasco-Da-Gama, convicting the Respondent No.1/Accused came to be set aside.

2. Criminal Appeal No. 28 of 2009 is filed challenging the judgment and order dated 25.9.2008 passed by the learned Additional Sessions Judge-3, South Goa, Margao, by which the judgment and order dated 8.5.2008 passed in Criminal Case No.1200/OA/NIA/06/B by the learned J.M.F.C., Vasco-Da-Gama, convicting the Respondent No.1/Accused came to be set aside. The subject matter of the two complaints are the cheque bearing No.13840 for Rs. 10,00,000/- drawn on UTI Bank Vasco-Da-Gama and the cheques bearing Nos. 13838 and 13839 for Rs. 15,00,000/-and Rs.10,00,000/- drawn on UTI Bank, Vasco-Da: Gama. The said cheques have been dishonoured for insufficiency of funds giving rise to the filing of the complaints under Section 138 of the Negotiable Instrument Act ( for short “the Act”).

3. The parties would be referred to as per their status in the Trial Court. The facts in Criminal Appeal No. 17 of 2009 would be referred to for the sake of convenience.

4. The Appellant herein is the original complainant who has filed the said two complaints. It is the case of the complainant that the accused was in urgent need of money for his business for which he had approached the complainant upon which the complainant and one Vassudev Surya Parab had allegedly advanced to the accused various sums as follows :-

1. Rs.5,00,000/- on 12.5.2005

2. Rs.5,00,000/- on 27.5.2005

3. Rs.5,00,000/- on 10.6.2005

4. Rs. 3,00,000/- on 10.7.2005

5. Rs.3,00,000/- on 14.8.2005

6. Rs.3,00,000/- on 13.9.2005

7. Rs.3,00,000/- on 9.10.2005 and

8. Rs.8,00,000/- advanced by Shri Vassudev S. Parab on the guarantee and surety of the complainant.

5. It is the case of the complainant that in discharge of his liability, the accused issued three cheques bearing Nos. 13838 dated 5.1.2006 for Rs.15,00,000/-, 13839 dated 7.1.2006 for Rs.10,00,000/- and 13840 dated 9.1.2006 for Rs. 10,00,000/-, all drawn on UTI Bank, Vasco Goa. As mentioned hereinabove, the cheque bearing No.13840 dated 9.1.2006 for Rs.10,00,000/- is the subject matter of the complaint involved in Appeal No.17 of 2009. The said cheque on presentation by the complainant with his bank was dishonoured for insufficient funds. The complainant thereafter issued a demand notice to the accused. However, since the accused failed to comply with the said notice, a complaint which came to be numbered as Criminal Case No. 1199/OA/NIA/06/B, came to be filed by the complainant. The learned J.M.F.C., was pleased to issue process against the accused, the accused appeared in the matter. The substance of accusation was explained to the accused to which the accused pleaded not guilty. The complainant examined two witnesses in support of his case and closed his evidence. The statement of the accused was recorded under Section 313 of the Criminal Procedure Code. The Respondent No.1/accused examined himself and one witness in support of his case.

6. The Trial Court on the basis of the evidence that was before her and principally relying upon the Acknowledgement of Debt dated 4.1.2006 and the receipts at Exhibit 30 Colly came to a conclusion that the complainant had advanced the said sum of Rs.35,00,000/- to the accused and the accused had issued the cheques which were dishonoured towards the discharge of the said liability of the accused. The learned J.M.F.C., therefore convicted the accused under Section 138 of the Negotiable Instruments Act and sentenced him to undergo 15 days simple imprisonment and ordered him to pay Rs.10,00,000/-to the complainant by way