Heard learned Counsel for the parties.

2. By this appeal, the appellant takes exception to the judgment and order dated 15/01/2010 passed by the learned Judicial Magistrate, First Class, Ponda in Criminal Case No.101/NIA/2009/C acquitting the respondent of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short). The appellant is the complainant while the respondent is the accused in the above case filed by the appellant for dishonour of the cheque dated 12.11.2008 for an amount of Rs.1,74,430/-.

3. The case of the complainant is that the accused issued the above referred cheque towards part payment of the loan availed by him. The cheque was delivered by the respondent on 12/11/2008 to Mr. Dayanand Chari. The defence of the accused is that a signed blank cheque was given by him at the time of sanctioning the loan agreement along with the other cheques and the said cheque was misused by the complainant to recover the money which is not due and payable to it. Therefore, it was the case of the accused that there was no legally enforceable debt or liability.

4. In order to prove its case, the complainant examined PW1-Subhod Verekar