O R D E R

These two criminal revision petitions are filed challenging the judgment of conviction and confirmation passed by the Trial Court as well as the First Appellate Court questioning the same for the offence punishable under Section 138 of the Negotiable Instruments Act (‘NI Act’ for short).

2. The parties are referred as the complainant and accused for the convenience of the Court and to avoid the confusion.

The brief facts of the case:

3. C.C.No.6318/2018 is filed by the complainant one Basave Gowda claiming that he had invested an amount of Rs.1,00,400/- in the accused chit fund and in order to repay the chit amount, the accused had issued the cheque dated 02.11.2017 for an amount of Rs.1,00,400/- drawn on Karnataka Bank, Malleshwaram Branch, Bangalore. When the said cheque was presented, the same was returned with an endorsement “funds insufficient.” Hence, the complainant got issued the legal notice to the accused on 08.12.2017 and the same was returned with an endorsement “not claimed” and the accused did not reply or comply the notice and hence complaint was filed and cognizance was taken for the offence punishable under Section 138 of the NI Act. The complainant in order