JUDGMENT (ORAL)

V.K. Jain, J.—The appellant in Crl. A. No.1011/2013, namely Shri S.K. Jain is the husband of the appellant in Crl.A.No.101212013, namely Smt. Sneh Jain. Two separate complaints - one by Shri S.K. Jain and the other by Smt. Sneh Jain, were filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘N.I. Act’). It was alleged in the complaint filed by Shri S.K. Jain that in September, 2002, the respondent/accused approached him and his wife for a loan of Rs.31.00 lakh. The complainant, Shri S.K. Jain, was earlier running a finance company by the name Umang Fincap Private Limited. He and his wife agreed to advance loan of Rs.31.00 lakh to the respondent, subject to the condition that he would return the same with interest after one (1) year. It was further alleged in the complaints that the complainants, S.K. Jain and his wife, had given this money out of the funds which they had kept for the marriage of their three daughters and the amount which he had acquired after selling his property in Rohini. It was further stated that in January, 2005, the respondent/accused issued a cheque of Rs.10.00 lakh drawn on Oriental Bank of Commerce