Heard Mr. Vaz, learned Counsel for the appellant and Mr. Menezes, learned Counsel for the respondent.

2. By this appeal, the appellant takes exception to the judgment and order dated 26/03/2010 passed by the Judicial Magistrate, First Class, Panaji in OA Case No.945/2008/B acquitting the respondent for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 ('the Act' for short).

3. The appellant is the complainant and the respondent is the accused in the above case. The parties shall hereinafter be referred to as per their status before the Trial Court.

4. The complainant filed the above criminal case against the accused for dishonour of cheque dated 21/02/2008 for an amount of Rs.67,000/-drawn on ICICI Bank which according to the complainant, was issued by the accused towards repayment of the loan taken by the accused. The cheque was presented by the complainant for payment.

The same was dishonoured on 11/06/2008 with an endorsement 'insufficient funds'. Thereafter, the complainant issued the notice dated 01/07/2008 by Registered Post A.D. which according to the complainant, was refused by the accused although the accused was intimated about the said