1. The Criminal Appeals arise out of the judgment of acquittal dated 07.10.2011 in C.C.Nos.6788 and 6787 of 2002 on the file of the learned VIII Metropolitan Magistrate, George Town, Chennai.

2. The facts of the case are as follows:

Crl.A.No.801 of 2011 (C.C.No.6788 of 2002):

(i) The appellant herein as a complainant preferred a private complaint stating that the respondent/accused had borrowed loan from the complainant and to discharge the said liability, he had given Ex.P1 cheque dated 09.09.2002 for Rs.6,00,000/-. When the appellant presented the cheque for encashment on 09.09.2002, it was returned as “insufficient funds” on 11.09.2002 vide Ex.P2 return memo. Even though the appellant issued Ex.P3 statutory notice to the respondent to his correct address on 14.09.2002, the same was returned undelivered on 30.09.2002 with an endorsement “party out of station not claimed” as per Ex.P4/return cover. Therefore, the appellant preferred a private complaint against the respondent/accused under Section 138 of the Negotiable Instruments Act.

Crl.A.No.802 of 2011 (C.C.No.6787 of 2002):

(ii) The appellant herein as a complainant preferred a private complaint stating that the res