Hon'ble AGARWAL, J.—As the above two criminal misc. petitions arise out of the same order of cognizance and are based on almost similar facts, they were heard together and thus, are being disposed of by this common order.

2. The brief relevant facts for the disposal of these petitions are that the non-petitioner-complainant-M/s. Singhal Builders through its partner Shri Kapoor Chand Singhal filed a complaint for offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the Act") against M/s. Satya Prakash & Brothers Pvt. Ltd. Company and its four Directors Shri Satya Prakash, Shri Ghanshyam, Shri Rajeev Gupta and Shri Sanjay Gupta with the averment that the complainant-non-petitioner undertook some road construction work on behalf of the company and for the repayment of outstanding amount Shri Satya Prakash on behalf of the company issued a cheque dated 3.11.2008 for an amount of Rs. 1,67,91,093 and when the complainant presented that cheque for payment in the Bank of Baroda, Nai Mandi, Bharatpur, it was returned un-paid with an endorsement that the account holder has stopped the payment of the cheque. It was also averred in the complaint that

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