ORDER :

Crl.R.P. No.1474 of 2017 is at the instance of the accused in C.C.No.36 of 2014 on the file of Judicial First Class Magistrate-VII, Ernakulam, and Crl.R.P.No.200 of 2018 is at the instance of the complainant in that case. The accused is assailing the judgment of conviction and sentence by the appellate court under Section 138 of the Negotiable Instruments Act (hereinafter referred as ‘the NI Act’), and the complainant is assailing the very same judgment, for inadequacy of the sentence awarded.

2. For easy reference, parties shall be referred according to their status in C.C.No.36 of 2014.

The complainant filed C.C.No.36 of 2014 under Section 138 of the NI Act against the accused, the 1st accused the partnership firm, and the 2nd accused its managing partner. The case of the complainant is that while working as the Branch Manager in Associated Traders and Engineers Private Limited, ERG Road, Ernakulam, he had acquaintance with the 2nd accused, who was the managing partner of the 1st accused partnership firm-AAREMSKY Sports and Fitness, functioning in the very same building. The 2nd accused borrowed an amount of Rs.2,50,000/- from the complainant on 09.09.2010, agreeing to pay m