JUDGMENT:- By this appeal, the appellant/original complainant challenges the judgment and order dated 20.12.2006 passed by the I1nd Additional Session Judge, Panaji in Criminal Appeal No.22/2005 acquitting the respondent No.1 of the offence punishable under Section 138 of Negotiable Instruments Act, 1881 ("The Act" for short) by setting aside

the judgment and order of conviction dated 21.3.2005 passed by the Judicial Magistrate, First Class, Panaji in Criminal Case No.200/0Al 97/e. The parties shall, hereinafter, be referred to as per their status before the learned Magistrate.

2. The complainant filed above criminal case against the accused for dishonour of cheque of Rs.3,20,000/- dated 13.08.1997 issued by the accused in favour of the complainant. It was the case of the complainant that on 04.01.1995, he had advanced the loan of Rs.5 Lakhs to the accused repayable with interest @ Rs.l0,000/- per month per Lakh. According to the complainant, the accused had issued a cheque for Rs.3,20,000/- towards part payment of the said loan amount. The complainant presented the cheque to the bank.

The same was returned unpaid for insufficiency of funds. The complainant issued legal notice to the

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