( 1 ) THE Appellant herein is the original Complainant. He is challenging the judgment and Order passed by the 1st additional Sessions Judge, Panaji, who by his order dated 5-9-2003 acquitted the respondent/accused for an offence punishable under Section 138 of the Negotiable instruments Act, 1881 (Act, for short) and who by his Judgment and Order was pleased to set aside the Order passed by the Judicial magistrate, First Class, Panaji, who had convicted the Accused under Section 138 of the said Act.

( 2 ) THE brief facts which are relevant for the purpose of deciding this Criminal Appeal are as under :- the Complainant is a Company registered under the Companies Act and its registered office is at Panaji, Goa. The Accused No. 1 is also a Private Limited Company having its office at Margao, Goa and the Accused No. 2 is the Managing Director of Accused No. 1 which admittedly is under the control of respondent No. 2 and its day to day management. The Accused had issued a post dated cheque dated 29-12-1999 for an amount of Rs. 10,00,000/- in favour of the Complainant drawn on Saraswat Co-operative Bank Ltd. towards the discharge of liabilities of Accused no. 1 in respect of t