JUDGMENT

Dr. AR. Lakshmanan, J.-This appeal is preferred by the appellant/complainant against the order of the High Court of Judicature at Bombay, Panaji Bench in Criminal Appeal No. 37/1995 whereby the High Court confirmed the order of acquittal dated 25.08.1995 passed by the Judicial Magistrate, First Class in Pvt. N.C. Case No. 149/93/8 for offence punishable under Section 138 of the Negotiable Instruments Act.

2. The brief facts leading to the filing of the present appeal are as follows:

The respondent issued 10 post-dated cheques of Rs. 40,000/- each in favour the appellant totalling Rs. 4 lakhs for payment towards the liability of the amount misappropriated from the funds of the appellant-Company. The respondent wrote a letter to the appellant denying liability to pay the aforesaid sum for the reasons given in the letter dated 12.02.1993 (Annexure P-1). The appellant deposited the first cheque for encashment. The said cheque was dishonoured by the Bank on the ground that the respondent had issued instructions to stop payment. The appellant sent a legal notice to the respondent regarding the dishonour of the cheque demanding payment of Rs. 40,000/- within 15 days. As the responde