(1.) THE appellant has challenged the judgment and orders of acquittal of respondent for the charge under Section 138 of the Negotiable Instruments Act (hereinafter referred as 'NI Act' for short) on a trial held by JMFC at Kundapur.
(2.) AS both the appeals are between the same parties and the facts and law relating to the matter is common, they are taken together for consideration.
(3.) IN the trial, in CC No.751/2003, the complainant was examined as PW1 and documents Exs.P1 to P10 were marked whereas after recording the statement of accused, he was examined as DW1 and documents Exs.D1 to D10 were marked. In CC No.753/2003, the complainant was examined as PW1 and documents Exs.P1 to P7 were marked and after recording the statement of accused, he was examined as DW1 and documents Exs.D1 to D10 were marked. The Trial Court after hearing the counsel for parties and on appreciation of the material placed on record, acquitted the accused in both the cases. Aggrieved by the judgment and order, the present appeals have been filed.