JUDGMENT :

1. Both these appeals have been filed by the original complainant challenging judgment and order in Summary Criminal Case No.5638 of 2013 and Summary Criminal Case No.5639 of 2013 decided by learned Judicial Magistrate First Class, Aurangabad (Court No.1) on 20.02.2017; thereby acquitting the accused/ respondent of committing offence punishable under Section 138 of the Negotiable Instruments Act. It will not be out of place to mention here that the case of the complainant was same in both the cases. The defence of the accused is same. However, since two different Judgments have been given it has resulted in these two separate appeals. But since all the issues are same it is proposed to dispose of both the appeals by this common Judgment.

2. Heard learned Advocate Mr. S.C. Arora for appellant and learned Advocate Mr. Amol Kakade holding for learned Advocate Mr. C.D. Fernandes for respondent in both the appeals.

3. Learned Advocate appearing for the appellant-complainant has vehemently submitted that the complainant had come with a case that he had friendly relations with the accused. Accused was in need of money to purchase immovable property, and therefore, he had requested