By this appeal, the appellant, who is the complainant in Criminal Case No.643/NI/OA-II/2003/D, takes exception to the judgment and order of acquittal dated 9/10/2009 passed by the learned Judicial Magistrate First Class, Margao (J.M.F.C, for short), in the said case.

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

The complainant along with his wife executed an Agreement of Assignment with the accused on 29/1/2003 in respect of shop premises being shop no. S-5, situated on the ground floor of the building “Vishwanath Apartments”, at Borda, Margao-Goa. As per the said agreement, the complainant and his wife agreed to sell and/or assign all their rights in the said shop no. S-5 in favour of the accused for a total consideration of Rs. 4,00,000/-. The complainant was running a spare parts shop in that shop under the name and style “Laximi Auto Spares”. Towards the cost of the fixtures, furniture and goods lying in the said shop, the accused orally agreed to pay to the complainant a total sum of Rs.1,10,000/-