R.C. Chavan, J.

The complainant in Criminal case No. 320/2003 before the learned Judicial Magistrate, First Class, Vasco has preferred this appeal to challenge the acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act recorded by the learned Magistrate.

2. The facts which gave rise to the filing of the complaint by the appellant are as under :

"The appellant claimed that the respondent was known to him since about 5 to 6 years prior to the incident. The respondent approached the appellant in October, 2002 and sought a loan of Rs. 1,80,000/- and agreed to repay it within an year. Accordingly, the appellant paid a sum of Rs. 1,80,000/- in the first week of November, 2002. Towards the repayment of the said amount, the respondent issued a post dated cheque for a sum of Rs. 1,80,000/- bearing No. 625372 dated 18.8.2003 drawn on Vijaya Bank, Vasco. This cheque was issued in presence of Mr. Macus Dias and Mr. Damodhar Marsekar. Upon presentation of the cheque in the first instance, it bounced and was presented again on 22.8.2003 at the instance of the respondent. It was again dishonoured by the Bank for want of sufficient funds. On