JUDGMENT :

Prithviraj K Chavan, J.

The appellant is the complainant who is aggrieved with the Judgment and Order of acquittal dated 28.5.2013 passed by the Judicial Magistrate, First Class, Canacona, Goa, in Criminal Case no.7/OA/NI/2012 by which the respondent/accused came to be acquitted for the offence punishable under Sec.138 of the Negotiable Instruments Act.

2. The facts in brief can be summarized as follows: The appellant filed a complaint under Sec.138 of the Negotiable Instruments Act, against the respondent/accused. It is the case of the appellant/complainant that since the respondent/accused was in need of financial assistance to carry out repairs of his house, he approached the appellant/complainant in the first week of November 2010, and requested to lend an amount of Rs.4,00,000/-. The respondent assured to repay the amount within a year. One Dinesh Sudhakar Komarpant introduced the respondent with the complainant for the first time in the month of August, 2010.

3. As the accused was in need of Rs.4,00,000/- and had assured to repay the amount within one year, the complainant paid an amount of Rs.4,00,000/- on 12.11.2010, which was duly acknowledged by the respondent in t