JUDGMENT :

PRITHVIRAJ K. CHAVAN, J.

1. This is an appeal by the original complainant against an order of acquittal of respondent dated 25.08.2014 passed by JMFC, Panaji in Criminal Case No.85/OA/NI/2013/C.

2. Facts in brief can be summarised thus:

The appellant and respondent are friends. The respondent was desirous of expanding his business of transportation by purchasing some trucks and, therefore, requested the appellant to help him financially.

3. The appellant therefore advanced a sum of Rs. 23,00,000/- (Rupees Twenty Three Lakhs only) to the respondent, interest free, due to their friendly relations. The amount of Rs. 23,00,000/- (Rupees Twenty Three Lakhs only) was advanced to the respondent by account payee cheques. The details are as under:

(i) Cheque No.960355 dated 03.02.2010 for Rs. 5,00,000/-,

(ii) Cheque No.960450 dated 19.03.2010 for Rs. 5,00,000/-,

(iii) Cheque No.960588 dated 02.06.2010 for Rs. 10,00,000/-,

(iv) Cheque No.181572 dated 21.09.2010 for Rs. 3,00,000/-. Cheques herein above were drawn on HDFC Bank, Panaji.

4. As agreed between the parties, respondent had is