Eswara Prasad, J. - The array of parties is the same in both the cases. The petitioner is accused of the offence under section 138 of the Negotiable Instruments Act, 1881 in C.C. No. 95191 in the Court of the II Metropolitan Magistrate, Hyderabad. The second respondent laid complaints against the petitioner in C.c. Nos. 95/91 and 169191 in the aforesaid Court alleging that the petitioner issued seventeen post-dated cheques in terms of compromise arrived at between the parties towards recovery of rents due from the petitioner. In C.C. No. 95191 the complainant presented the cheque dated 20.4.1991 for encashment and it was returned twice by the bank on 23.4.1991 and 3.6.1991 with the endorsement 'refer to drawer'. The second cheque dated 25.4.1991 was also returned once and was presented on 3.6.1991 again, which was also returned with the endorsement 'insufficient funds'. The third cheque dated 4.5.1991 was also dishonoured twice on 7.5.1991 and 3.6.1991 with the same endorsement. The complainant alleges that the cheques were presented after giving due prior notice by the letter dated 28.5.1991 to the petitioner, who paid a sum of Rs. 4,000/- and was still liable to pay t