K. N. Sinha, J. : Both the revisions arise out of the orders dated 15.7.2004 passed by the Additional Civil Judge (Junior Division) Court No. 1, Varanasi, exercising the powers of Judicial Magistrate. Common question of law is involved in both the revisions, hence taken up together for hearing and disposal.

2. According to the facts of Criminal Revision No. 3418/2004 revisionist Sanjeev Rai filed a complaint against Ram Prasad Mishra under section 138 of the Negotiable Instruments Act, 1881, on the ground that Ram Prasad Mishra had borrowed Rs. 30,000/- in January, 2003. After six months, the complainant demanded his money back whereupon the respondent No. 2 Ram Prasad Mishra gave five cheques of Union Bank of India, which were deposited by the revisionist in Oriental Bank of Commerce, Sigra, Varanasi, but it was dishonoured on account of want of fund. The complainant gave a notice for payment of money, and on its non-payment, filed the complaint.

3. On the similar ground, the complaint was presented in the matter of Revision No. 3436/2004.

4. The accused-respondent No. 2 filed an application under section 245 (2) Cr.P.C. for the discharge. The said application was allowed