COMMON ORDER

These revisions are preferred assailing the judgment in Criminal Appeal No.442/2004 on the file of the Sessions Judge, (Ad hoc-I), Ernakulam. The revision petitioner in Criminal Revision Petition.No.623/2005 is the accused in C.C.No.2205/2001 on the file of Judicial Magistrate of First Class-I, Kochi. Petitioner in the other revision petition is the complainant (hereinafter, parties are referred to as the 'complainant' and 'accused'). The complainant prosecuted the accused before the Trial Court alleging offence under Section 138 of the Negotiable Instruments Act with a plea that the accused owed a sum of Rs.4,50,000/- to the complainant and in discharge of the same, Ext.P1 cheque dated 20/6/2000, drawn on Centurion Bank Limited was issued and that when presented for collection, Ext.P1 was dishonoured for insufficiency of funds. Despite the acknowledgment of notice demanding discharge, the liability was not discharged.

2. The accused pleaded not guilty. Therefore, they were sent for trial. Complainant was examined as PW1 and Ext.P1 to P7 were marked. On the side of the accused, DW1 and 2 were examined and D1 to D3 were marked. On appraisal of the evidence, the learned M