A.C. Kabbin, J.—These two appeals have been preferred by the complainant challenging the acquittal of the respondent for offences punishable under Section 138 of the Negotiable Instruments Act, 1881. Since both these appeals relate to the same parties and the same transactions, this common judgment is being passed in respect of both the appeals.

2. The case of the complainant, in brief, is as under:

“The complainant deals in fabrication and manufacture of containers and other accessories and equipments. The accused No. 1 is the proprietor of the accused No. 2, a proprietary concern. The accused 2 deals in agro chemicals. The accused No. 2 by its proprietor S.C. Shetty placed an order for containers with the complainant and in response to the same, the complainant supplied to the accused materials as per invoices totalling for an amount of Rs.82,384. Towards the payment of the said containers, the accused issued eight cheques. One cheque for Rs.10,000 was encashed and seven cheques were returned un-encashed. The cheque bearing No.062865, dated 26.6.1998 (concerned in C.C.No.30387 of 1999 Criminal Appeal No.868 of 2002) for a sum of Rs. 10,000 returned dishonoured with an e