JUDGMENT :

1. Since the issue involved in both these matters is same, both these matters are taken up together. Learned advocates for the respective parties state that except the details in respect of cheques, rest of the facts are almost identical and, therefore, by consent of learned advocates both these matters are taken up together for final hearing.

2. Rule. Learned Additional Public Prosecutor Ms. Maithili Mehta for Respondent No.1 – State and learned advocate Mr. Chaitanya Joshi for Respondent No.2 – original complainant.

3. Considering the fact that barring the cheque details i.e. date and amount, rest of the facts of both the petitions are similar and, therefore, facts of Criminal Miscellaneous Application No.3853 of 2020 are taken for consideration, which are in brief stated as under:

3.1 That the present petitioner is the Director of Partnership Firm viz. Nico Tiles. It is the case of the petitioner that petitioner and director of Respondent No.2 company i.e. Cetras Speciality Pvt. Ltd. viz. Sunny Josheph Chathanattu were working together earlier and they had candid relationships. Thereafter in the year 2014, the petitioner commenced his partnership business of selling tiles