Heard Mr. Pangam, learned Counsel for the appellant and Mr. Lobo, learned Counsel, appointed under Legal Aid Scheme, on behalf of the respondent no.1.

2. The appellant is the complainant of Criminal Case No. 393/NIA/2008/B and this appeal has been preferred against the Judgment and Order dated 29/10/2009 passed by the learned Judicial Magistrate First Class at Ponda ( J.M.F.C., for short) in the said Criminal Case.

3. The complainant had filed the said case against the accused, who is the respondent no. 1 in this appeal, for offence punishable under Section 138 of the Negotiable Instruments Act, (N.I. Act, for short). The case of the complainant is as follows:-

It is a Credit Co-operative Society registered under Maharashtra Co-operative Societies Act as made applicable to the State of Goa and having its head office at Mardol, Ponda, Goa and its branches in various parts of Goa including the one at Corlim, Goa. The complainant is engaged in financial business of accepting deposits including fixed deposits and advancing loans to its customers. The accused had taken a loan from it under loan account no. MTSCL/ 07 in the sum of Rs. 85,000/-and had agreed to repay the same alo