By the Court.-The complainant, being aggrieved by the judgment passed by the Judicial Magistrate. First Class, Margao dated 31st May, 2003 in criminal case No. 188/0A/NI/2002/I. acquitting the respondent No. 1/accused for an offence punishable under Section 138 of the Negotiable Instruments Act has filed the present appeal.

2. The facts in brief, as are necessary for the decision of this appeal are set out hereunder :

The appellant/complainant filed the aforesaid complaint case before the Judicial Magistrate. First Class at Margao, alleging therein that the respondent No. 1/accused had requested the complainant for a loan of Rs. 1,65.000/-. The complainant. in view of the good relations and in view of the urgent need of the accused advanced a hand loan without interest of Rs. 1.65.000/-. The accused towards part re-payment of the loan issued cheque bearing No. 768312 dated 6th February, 2002 drawn on the Bank of India, Margao Branch, for Rs. 1.02.400/-. On presentation of the said cheque by the complainant, the cheque was returned unpaid on account of insufficient funds. Despite receipt of the notice, dated 19th February, 2002, the accused failed to make the payment and. ther