ORDER :

1. Since common question of law is involved in both of these cases, they are heard together and are being disposed of by this common order.

2. The petitioner/complainant filed a complaint against the respondent/accused under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter, “the NI Act”) stating inter alia that in discharge of his liability towards the petitioner/complainant, on 04/11/2008, the respondent/accused issued a cheque bearing No. 728602 of the Durg Rajnandgaon Gramin Bank Branch Kawardha for Rs. 1,50,000/-. The petitioner/complainant presented the said cheque to his Bank on the next day i.e. 05/11/2008 and it was dishonoured and was returned to him on the same day. Thereafter, the petitioner/complainant issued a notice to the respondent/accused on 10/11/2008 by registered post which was served to him on 21/11/2008. The respondent/accused still did not pay the amount in dispute which led to the filing of the complaint by the petitioner/complainant before the jurisdictional criminal Court.

3. The respondent/accused abjured his guilt and entered into defence and examined himself as defence witness stating inter alia that he had signed a blank cheque wit