1. Heard Mr. Viegas, learned counsel for the appellant and Mr. C. Fonseca, learned counsel for the respondent.

2. This appeal is directed against the judgment and order dated 30/7/2010 passed by learned Judicial Magistrate, First Class at Panaji (“J.M.F.C.”, for short) in Other Act Criminal Case No. 358/2008/B.

3. The appellant was the complainant in the said criminal case whereas respondent no.1 was the accused therein. Parties shall be hereinafter be referred to as per their status in the said case.

4. The complainant had filed the complaint under Section 138 of the Negotiable Instruments Act, 1881 (“the Act”) against the accused alleging that three cheques bearing nos. 009996 dated 1/10/2007, 009997 dated 1/11/2007 and 009998 dated 1/12/2007, all drawn on the Centurion Bank of Punjab ltd., Mapusa Branch, Goa, for Rs. 15,266/- (` fifteen thousand two hundred and sixty six only) each, were issued by the accused towards discharge of part of his loan liability and when these cheques were presented for payment they were returned dishonoured for “insufficient funds” on 28/2/2008. The complainant issued a legal notice dated 25/3/2008 to the accused, which was returned with a