JUDGMENT;- This is complainant's appeal and is directed against Judgment dated 28-6-2006 of the learned J.M.F.C., Panaji, acquitting the accused under Section 138 of the Negotiable Instruments Act, 1881. The complaint was filed by the complainant for dishonour of two cheques dated 13-10-1994 in the sum of Rs.3,50,000/- and Rs.31,500/-.

In the first round, the accused was convicted by Order dated 4-10- 2000. The accused having appealed from the said Order, the learned Sessions Judge was pleased to remand the case with a direction to record additional 313 statement of the accused in respect of additional evidence recorded. The learned Magistrate recorded the evidence of the accused as well. In the second round, the accused came to be acquitted by Order dated 30-9-2006. The accused has been acquitted by the impugned Order on three counts, namely, (1) that the statutory demand notice was defective; (2) the Court had no territorial jurisdiction, and (3) the complainant had failed to prove that there was a debt or liability. As per the complainant, the sum of Rs.3,50,000/was advanced against a hundi executed by the accused but the learned Magistrate accepted the version of the accused in

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