Lavande A.P., J.:—Rule. Mr. Kilor, Advocate waives notice on behalf of respondent No.1. By consent of the learned Counsel appearing for the parties, the matter is taken up for final hearing.

2. Both these petitions are disposed of by common Judgment and Order since the issues involved in both these petitions are identical and the parties involved are the same.

3. Heard Mr. Patil, learned Counsel for the petitioner and Mr. Kilor, learned Counsel for respondent No.1.

4. The Petitioner in Writ Petition No. 272/2004 was an accused in Summary Criminal Case No.803/96 before the Judicial Magistrate, First Class, Buldana. Respondent No.1 filed Summary Criminal Case No. 803/96 against the Petitioner herein for having committed an offence under Section 138 of Negotiable Instruments Act. After trial, the petitioner was convicted for having committed an offence under Section 138 of Negotiable Instruments Act and sentenced to suffer S.I. for one month and to pay a fine of Rs. 3, 000 in default of payment of fine he has to undergo S.I. for one month and was also directed to pay compensation of Rs. 40,000 to respondent No.1 herein. The learned Judicial Magistrate, First Class by Judgment and Order dated 12.12.2002 held that the petitioner herein had committed an offence under the Negotiable Instruments Act as the cheque issued by him for an amount of Rs. 40,000 in favour of respondent No.1 got dishonoured. The petitioner herein filed Criminal Appeal No.3 of 2003 to the Court of Sessions Judge, Buldana and sought suspension of sentence under Section 389 of Cri. P. C. The Sessions Judge, Buldana, by Order dated 7.1.2003 suspended the substantive sentence imposed on the petitioner. Thereafter respondent No.1 herein filed an application for recovery of compensation of Rs. 40,000 before the Judicial Magistrate, First Class and accordingly, warrant was issued for recovery of the said amount by the learned Judicial Magistrate, First Class, which was forwarded to the Tahsildar for execution. Thereafter the Tahsildar has given notice dated 2.12.2003 to the petitioner to show cause as to why the amount should not be recovered from him. Thereafter an application was filed by the petitioner for suspension and stay of Order before the Sessions Judge, Buldana. This application was opposed by respondent No.1 and after hearing of both sides, learned Sessions Judge by Order dated 12.3.2003 partly allowed the application permitting the petitioner to deposit Rs. 12,000 out of total amount of Rs. 40,000 awarded as compensation and further held that the respondent No.1 herein is not entitled to receive amount deposited by the petitioner herein till the decision of the appeal. The present petition is filed against the Order dated 12.3.2004 passed by 1st Ad hoc Additional Sessions Judge, Buldana.

5. The petitioner in Writ Petition No. 274/2004 was an accused in Summary Criminal Case No. 802/96 before the Judicial Magistrate, First Class, Buldana. Respondent No.1 filed Summary Criminal Case No. 802/96 against the petitioner herein for having committed an offender under Section 138 of Negotiable Instruments Act. After trial, the petitioner was convicted for having committed an offence under Section 138 of Negotiable Instruments Act, and sentenced to suffer S.I. for three months and to pay a fine of Rs. 3,000 in default of payment of fine he has to undergo S.I. for one month and was also directed to pay compensation of Rs. 1,00,000 to respondent No. 1 herein. The learned Judicial Magistrate, First Class by Judgment and Order dated 12.12.2002 held that the petitioner herein had committed an offence under the Negotiable Instruments Act as the cheque issued by him for an amount of Rs. 1,00,000 in favour of respondent No.1 got dishonoured. The petitioner herein filed Criminal Appeal No.4 of 2003 to the Court of Sessions Judge, Buldana, and sought suspension of sentence under Section 389 of Cri. P. C. The Sessions Judge, Buldana by Order dated 7.1.2003 suspended