JUDGMENT

Manish Pitale, J. (Oral) - These are the two appeals filed by the original complainant against the respondent no.1 alleging that the respondent no.1 was liable to be punished for having committed an offence under section 138 of the Negotiable Instruments Act, 1881. Since there were two cheques involved in the present cases, there were two complaints filed by the appellant resulting in two appeals before this Court. The Court of Judicial Magistrate First Class, Special Court, Nagpur acquitted the respondent no.1 by its judgments dated 06.07.2006 in Summary Criminal Case Nos.1788 of 2004 and 1789 of 2004, which are subject matter of the present two appeals.

2. In brief, the facts leading to the filing of these two appeals are that the appellant (original complainant) had given a hand loan of Rs. 80,000/to the respondent no.1 for a period of ninety days for business purpose. It was the case of the appellant that the respondent no.1 failed to repay the aforesaid loan amount and that the appellant pursued the matter with the respondent no.1 for a considerable period of time. According to the appellant, in order to repay the aforesaid loan, on 04.06.2003, the respondent no.1 issu