Mrs. Aruna Jagadeesan, J.— These criminal appeals are filed against the judgment dated 12.12.2001 passed in Criminal Appeals Nos. 106 and 105 of 2000 by the learned Additional District Judge-cum-Chief Judicial Magistrate, Chengelput, acquitting the respondent herein for the offence under Section 138 of the Negotiable Instruments Act, by reversing the judgment of the Trial Court dated 27.11.2000 Made in C.C. No.364 and 363 of 1998, convicting and sentencing the respondent for the offence under Sec. 138 of the Negotiable Instruments Act to pay a fine of Rs.3,000, in default to undergo six months rigorous imprisonment and Rs.4,000 as compensation under Section 357(3) of Code of Criminal Procedure in default to undergo six months rigorous imprisonment.

2. The case of the appellant/complainant is that the impugned cheques were drawn by the respondent/accused in favour of the Gnanavel towards debt liability, who is turn endorsed those cheques and in favour of the complainant. Thus, the complainant is the holder in due course of the impugned cheques. On the cheques being presented for encashment with his bankers, those cheques were dishonoured on the ground that it exceeded arra