JUDGMENT :

C.S. SUDHA, J.

1. These appeals under Section 378(4) Cr.P.C. have been filed by the Complainant against the common judgment in C.C. No. 682/1999 and C.C. No. 694/1999 on the file of the Judicial First Class Magistrate Court-I, Ernakulam. The complaints have been filed alleging commission of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (the Act).

2. The Complainant in both the cases is M/s. Crompton Greaves Ltd. a Company incorporated under the Companies Act, 1956. The Complainant-Company is represented by its power of attorney holder, E. Simon Zacharia. The first accused is a partnership firm and accused no. 2 and 3 are its partners. According to the Complainant, the accused were having business transactions with the Complainant-Company and in the said transactions, had issued cheques in discharge of their liability, which on presentation before the bank were dishonored due to insufficiency of funds in the account of the accused. Notice was issued to the accused and thereafter Complaints under Section 142 of the Act were filed alleging commission of the offence punishable under Section 138 of the Act. After the private complaints were tak