ORDER :

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

2. Respondent No.1/accused issued a cheque of Rs. 2,67,011/- to the complainant/petitioner on 3-4-2011 which was submitted by the petitioner/complainant in his bank for realisation, but the same was returned by the Bank informing that the cheque has been dishonoured on account of insufficient fund. Thereafter, legal notice was served by the complainant to the accused on 30-4-2011 and criminal complaint was filed for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the NI Act’) before the trial Magistrate. The trial Magistrate upon full trial by his judgment dated 4-8-2012 found the offence under Section 138 of the NI Act proved against the accused/respondent No.1 and convicted him under Section 138 and sentenced to undergo RI for three months. Feeling aggrieved against the judgment of conviction and order of sentence awarded, the accused preferred criminal appeal under Section 374(3) of the CrPC, whereas, the complainant preferred criminal revision against the order not awarding compensation amount/fine t