This is a complainants appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 (Act, for short) vide Order dated 14-11-2005 of the learned J.M.F.C., Canacona.

2. The case of the complainant was that the accused had received from the complainant a sum of Rs.70,000/- as a friendly loan on a condition that the accused would pay it by a post dated cheque in favour of the complainant and in respect of the said repayment, the accused issued cheque bearing no.l082731 dated 25-7-2004 for a sum of Rs.70,000/- drawn on Bank of India, Margao, in favour of the complainant but when the complainant presented the said cheque for collection on 30-7-2004 with his Bankers, namely Goa State Co-operative Bank Limited, Margao, the said cheque was returned dishonoured vide Memorandum dated 30-7-2004 with endorsement that the funds were insufficient, whereupon the complainant addressed a registered notice dated 21-2-2004 to the accused through his advocate demanding the said amount of Rs.70,000/- with interest at the rate of 18% per year within 15 days from the receipt of the notice and the accused replied the said notice vide reply dated 21-9-2004