JUDGMENT :- This is complainant's appeal filed against the acquittal of the accused, under section 138 of the Negotiable Instruments Act, 1881 (Act, for short) by Order dated 30-12-2004 of the learned Chief Judicial Magistrate, Margao.

2. The case of the complainant, in brief, was that the accused had borrowed from the complainant on 1-6-2002 a sum of Rs. 2,00,000/- payable within a period of six months and the accused having failed to make the payment in cash, issued two cheques, the first dated 4-11-2002 and the second dated 5-11-2002, each for a sum of Rs. 1,00,000/-, drawn on Vysya Bank Ltd., Margao but when the complainant presented the said cheques through Corporation Bank, Murida Branch, both the cheques were returned dishonoured vide Memo dated 13-112002 on the ground that the funds were insufficient. The complainant by statutory notice dated 25-11-2002 called upon the accused to pay the said amount of Rs. 2,00,000/- covered by the said cheques within a period of fifteen days and as the accused failed to comply with the same, the complainant filed the complaint on 31-12-2002 and after the statement on oath of the complainant in person was taken on 12-3-2003, the learned Mag

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