M.R. Shah, J.—Rule. Mr. Anand B. Gogia, learned advocate waives the service of notice of rule on behalf of the original complainant and Mr. K.P. Raval, learned Additional Public Prosecutor for State, in both these petitions.

1.01. Criminal Misc. Application No. 12631 of 2010 has been preferred by the petitioner - original accused No. 5, under Section 482 of the Code of Criminal Procedure, to quash and set aside the impugned complaint being Criminal Case No. 4120 of 2009 filed by the Respondent No. 1 – original complainant, for the offence punishable under Section 138 of Negotiable Instruments Act, pending in the Court of learned Additional Chief Judicial Magistrate, Gandhidham.

1.02. Criminal Misc. Application No. 12635 of 2010 has been preferred by the petitioner - original accused No. 5, under Section 482 of the Code of Criminal Procedure, to quash and set aside the impugned complaint being Criminal Case No. 5740 of 2009 filed by the Respondent No. 1 – original complainant, for the offence punishable under Section 138 of Negotiable Instruments Act, pending in the Court of learned Additional Chief Judicial Magistrate, Gandhidham.

1.03. Both the aforesaid complaints have been