V.K. Barde. J. - Rule Returnable forthwith.

These two applications are between the same parties and raise common points for consideration. Hence, those are being disposed of by common judgment.

2. The present respondent has, filed two complaints against the present petitioner in the Court of Judicial Magistrate. First class. Chopada, for offence punishable under section 138 r/w 142 of the Indian Negotiable Instruments Act being S.C.C. Nos. 155/95 and 156/ 95.

3. The Summary Criminal Case No. 155/95 is filed in respect of four cheques of Rs. 1,00,000/- each issued on 17-6-1994; 22-6-1994; 27-6-1994 and 5~7-1994. The complaint has contended that the accused had purchased cotton bales from the complainant on credit and the cheques were issued towards the consideration of the cotton bales sold. The complainant presented the cheques in the State Bank of India, Chopada. However, on 14-12-1994, he received information from the Bank that cheques were dishonoured. The complainant then sent notice of demand of the amount of the cheques by registered post acknowledgment due (R.P.A.D.). However, on 27-12-1994, the accused refused to accept the notices. The accused also did not settle