1. This appeal is at the instance of the original complainant challenging the judgment of acquittal.

2. The brief facts are that the appellant/complainant filed a complaint before the learned Judicial Magistrate First Class at Ponda being Criminal Case No. 1259/NIA/2008/B under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act, for short). According to the appellant, the respondent no.1/accused was acquainted to him since last many years. Sometime in June, 2008, the respondent no. 1 had approached the appellant at his residence stating that respondent no. 1 is in financial difficulties and requested for accommodation in the sum of Rs.75,000/-. The respondent no. 1 also promised to repay the same. The appellant accordingly, paid an amount of Rs.75,000/- to the respondent no. 1 in cash. The respondent no. 1 issued two cheques dated 07.07.2008 in the sum of Rs.35,000/- and Rs.40,000/- towards repayment of the amount. The cheques were drawn on the account of the respondent no.1 with Syndicate Bank, Kavlem Branch. When the appellant presented the cheques in his account for encashment with Ratnakar Bank Limited, Ponda Branch, the cheques were returned unpaid for wan