JUDGMENT

C V Bhadang, J. - This is an appeal against acquittal.

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

That the appellant (original complainant) and the first respondent (accused) are acquainted to each other. According to the appellant, the first respondent was a Sub P.W.D. Contractor and was intending to take a sub-contract from one Mr. N. B. Dhargalkar who was registered as a PWD Contractor. The first respondent approached him for grant of financial accommodation to obtain the sub-contract from Mr. Dhargalkar. It appears that accordingly the appellant obtained a demand draft dated 05.04.2008 from his account with the Goa State Co-operative Bank Ltd., Mapusa, Goa in the sum of Rs. 3,08,728/-. That demand draft was drawn in favour of the Executive Engineer WD VII (NH) PWD. Further according to the appellant, the first respondent promised to repay the said amount within one year however failed to do so. He claimed that the fist respondent voluntarily issued a cheque in favour of the appellant dated 15.06.2009 in the sum of Rs. 3,08,728/- which was drawn on the account of the first respondent with The South Indian Bank Ltd., Panaji. The chequ