1. This appeal is directed against the judgment dated 8/07/2010 passed by the Judicial Magistrate First Class, Mapusa, thereby acquitting the respondent/original accused for the offence punishable under Section 138 of the Negotiable Instruments Act of 1881.

2. It is the case of the complainant that the respondent/original accused was his friend and he was in need of money due to illness of his mother. So he made a demand of Rs.1,75,000/-(Rupees one lac seventy five thousand only) for her hospitalisation approximately in the month of June, 2008. The complainant gave amount of Rs.1,00,000/-(Rupees one lac only) in June, 2008 by cash against which the respondent/original accused issued postdated cheque dated 12/07/2008 of Rs.1,00,000/- (Rupees one lac only), drawn on Madgaon Urban Co-operative Bank, Ponda Branch, in favour of the complainant. The said cheque was dishonoured for insufficient funds on 22/08/2008. The complainant, thereafter, issued statutory notice on 19/09/2008 calling upon the accused to make a payment of the said amount within 15 days. The said notice was received on 22/09/2008. However, no payment was made by the respondent/original accused. The compl