( 1 ) BOTH these petitions Involved the same question of fact and law. The petitioner in both the cases is same person and opposite parties in Petition No. 3542 of 1997 is the wife of the opposite party in Petition No. 847 of 1998. Therefore, both these petitions are being disposed of by this common Judgment.

( 2 ) I have heard Sri K. K. Arora, learned counsel for the applicant and Sri L. P. Nalthani, learned counsel for the opposite party No. 2 and perused the record.

( 3 ) TWO complaints under Section 138. N. I. Act were filed against the applicant, one each by opposite party of these petitions. It is admitted that the applicant Shailesh Kumar Agrawal and the opposite party, Dinesh Kumar Agrawal are real brothers and opposite party, Smt. Sandhya agrawal is the wife of Dinesh Kumar Agrawal. The two brothers Shailesh Kumar Agrawal and dinesh Kumar Agrawal were partners in the firm M/s. Chhotfwala Bhojnalaya, Swarg Ashram, pauri Garhwal. Thereafter a family settlement on 15. 2. 1995 was taken place and the firm M/s. Chhotlwala was allotted to the share of Dinesh Kumar Agrawal. According to the agreement, some movables were allotted and in respect of the same, it was