JUDGMENT :

K.R. Shriram, J.

These are two appeals impugning an order and judgment dated 20th November 2002 passed by the Judicial Magistrate First Class, First Court, Kalyan, acquitting respondent no.1 in both appeals of offences punishable under Section 138 (Dishonour of cheque for insufficiency, etc., of funds in the account) of the Negotiable Instruments Act, 1881 (the said Act).

2. Mr. Datar and Mr. Bali state that these are two appeals which could be disposed together because both the appeals arise out of the same Memorandum of Understanding (MOU). Two separate appeals are filed because two separate complaints were filed as the accused in both the complaint were different, the complainant being common.

3. Complainant and two accused were shareholders of one Shree Sai Baba Sand Dredging Company Private Limited (the said Company). Complainant, through himself and through others, held 2000 fully paid equity shares in the said company. It is not necessary to go into the background of the companies and how it works, suffice to say complainant wanted to exit and offered to sell 2000