1. This appeal is preferred by the original complainant against the judgment and order dated 19/01/2011 passed by the learned Judicial Magistrate First Class at Panaji in Criminal Case No.OA 107/09/C, thereby acquitting the respondent/accused from the offence punishable under Section 138 of the Negotiable Instruments Act of 1881.

2. It is the case of the original complainant that in the month of February, 2008, the respondent/accused approached the complainant for loan of Rs.5,00,000/- (Rupees five lacs only) and therefore on 26/02/2008, the original complainant gave him loan of Rs.5,00,000/- (Rupees five lacs only) on condition that he would repay the said amount within a period of 6 months and if not paid he would pay interest at the rate of 5% on the said amount. At the relevant time, i.e. on 26/02/2008, the original complainant and the respondent/accused entered into an agreement in which the respondent/accused had acknowledged the debt of Rs.5,00,000/-(Rupees five lacs only) and also acknowledged the repayment of the said loan with interest. The respondent/accused issued a postdated cheque dated 26/08/2008, bearing no.583394 of Rs.5,00,000/- (Rupees five lacs o