Heard finally. Both the writ petitions question propriety and legality of the order recorded by the learned Ad-hoc District Judge -1 and Additional Sessions Judge, Vasai, dated 29th February 2012 in criminal appeal Nos.56 of 2007 and 57 of 2007 whereby he has set aside the judgment of conviction recorded by the learned J.M.F.C., Vasai and remanded the matters to the leaned J.M.F.C., Vasai for fresh trial.

2. A Memorandum of Understanding was executed by and between Mr J.S. Bhat and respondent No.1 on account of cancellation of agreement dated 1st April 1997 and as directed by Mr Bhat, the respondent No.1 has agreed to pay Rs.14,65,000/-to the petitioner. In discharge of said liabilities, the respondent No.1 had issued four cheques, three were for Rs.3,70,000/-and one was for Rs.3,55,000/-. Since the cheques were in favour of the petitioner, pursuant to the Memorandum of Understanding, the petitioner deposited the same. They were dishonoured, unpaid for insufficient funds, followed by statutory notice dated 10th February 2001. The respondent No.1 through his Advocate replied the notice (Exh.83) admitting the liability including issuance of cheques in favour of the petitio