JUDGMENT - AGUIAR A.S., J---Heard the learned Advocates. In this criminal appeal from order dated 18-10-1999, passed by the Judicial Magistrate, First Class, at Panaji, acquitting the accused of the offences under section 138 of the Negotiable Instruments Act, 1881 (hereinafter called as "the Act") the main question that arises for consideration is whether section 138 of the Act becomes applicable or not in case payment of post dated cheque is stopped by the drawer instructing the Bank to do so between the date of issuance of the cheque and the date shown on the face of the cheque?

2. In passing the impugned order acquitting the accused of the offence under section 138 of the Act, the learned trial Judge has relied on the judgment in the case of (Anil Kumar Sawhney v. Gulshan Rai)1, 1994 Bank.J. 209(S.C.), wherein the Supreme Court has observed as follows:

".......A "postdated cheque" is only a Bill of Exchange when it is written or drawn. It becomes a "cheque" when it is payable on demand. The post-dated cheque is not payable till the date which is shown on the face of the said document. It will only become cheque on the date shown on it and prior to that it remains a Bill of Exchan

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