By this appeal, the appellant/complainant is challenging the acquittal of the first respondent/accused from an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (the Act, for short).

2. The brief facts, necessary for the disposal of the appeal, may be stated thus :

That the appellant and the respondent were good friends. The first respondent had approached the appellant on 03/11/2010, requesting for a financial accommodation of Rs.2 Lakhs, as he was in difficulty. Looking to their relationship, the appellant advanced a sum of Rs. 2 Lakhs to the first respondent “on loan basis”. On the same day, the first respondent passed a cheque for Rs.2 Lakhs in favour of the appellant, which was drawn on the account of the first respondent with Bank of Baroda, Margao Branch. When the cheque was deposited by the appellant for encashment on 25/04/2011, the same was dishonoured, which was intimated to the appellant on 30/04/2011. Thereafter, the appellant issued a statutory notice on 14/05/2011, which was not claimed by the first respondent as per the endorsement dated 24/05/2011. The intimation about the refusal was left at the house of the appellant on 01/06