JUDGMENT

Sandeep K. Shinde, J.

Both these appeals are preferred under Section 378 of the Code of Criminal Procedure, 1973 against the order of acquittal dated 27th April, 2005 passed in SCC No.324 of 1998 and SCC No.325 of 1998 by the Court of Judicial Magistrate First Class, Pune whereby Respondents (Original Accused) were acquitted of the offences punishable under Section 138 of the Negotiable Instruments Act, 1881 and Section 420 of the Indian Penal Code, 1860. The Appellants (Complainant) and the Respondents-Accused in both the cases are the same. That both the cases were decided and disposed of by the learned Magistrate on one and the same set of evidence and, therefore, both these appeals are taken up for hearing together and disposed of by this common judgment.

2. The complainant, M/s. Biharilal Mantri is a (Hindu Undivided Family) firm. Mr. Premsukhlal and Sohanlal are the co-owners of the said HUF and were managing the business of it. Accused runs business in the name and style as 'M/s.Namosha'. The complainant and the accused were knowing each other. It is out of acquaintance and business relations, the accused requested the Complainant for loan of Rs.5 Lakhs for a short per