Heard Mr. Mulgoankar, learned Counsel appearing on behalf of the appellant. Mr. Teles, learned Counsel appearing on behalf of the respondent no. 1 and Mrs. Pinto, learned Additional Public Prosecutor appearing on behalf of the respondent no. 2.

2. This appeal is directed against the judgment and order dated 31/10/2011 passed by the learned Judicial Magistrate, First Class, Panaji, Goa (trial Court, for short) in Criminal Case No. OA NIA 424/2010/C.

3. The appellant was the complainant and the respondent no. 1 was the accused in the said case. Parties shall, hereinafter, be referred to as per their status in the said Criminal Case.

4. The complainant had filed the complaint under Section 138 of the Negotiable Instruments Act. 1881 (N.1. Act. for short) which gave rise to the said Criminal Case No.

OA NIA 424/2010/C.

5. Case of the complainant, in short, was as follows:

The complainant and the accused were working for New India Assurance Company Limited. The accused needed financial assistance as she was in the process of constructing her residential house and hence, requested the complainant, somewhere in the month of September, 2009, to advance money to her and assured that sh