N.A. Britto, J.

This is complainant's appeal and is directed against Judgment dated 28.12.2005 of the learned J.M.F.C., Canacona, acquitting both the accused under Section 138 of the Negotiable Instruments Act, 1881.

2. The case of the complainant is that the accused are the Managing Partner and Partner, respectively, of Dhumane Rural Industries situated at Agonda, Canacona, and, as the accused were owing to the complainant a sum of Rs. 7.2. lakhs, accused No. 1 in the capacity of Managing Partner and on behalf of accused No. 2, as partner of the said Dhumane Rural Industries issued a cheque bearing No. 929777 dated 18.6.2003 for a sum of Rs. 7.2 lakhs drawn on the Federal Bank Limited, Margao, in favour of the complainant, and the said cheque was issued at Chaudi, Canacona duly signed by accused No. 1, for himself and on behalf of accused No. 2. The case of the complainant was also that when he deposited the said cheque in South Indian, Bank, Panaji, Goa, firstly, in June, 2003 and secondly, in November, 2003, for encashment, the same was returned on the first occasion with remark that the funds were insufficient and on the second occasion with remark that the payment was st