JUDGMENT

M S Sonak, J. - Heard Ms. C. Collasso, Advocate for the Appellant and Mr. P. Faldessai, Additional Public Prosecutor for the State. Respondent No.1 though served is neither present nor represented.

2. This appeal is directed against the judgment and order dated 31.01.2011 made by the Judicial Magistrate, First Class at Panaji (JMFC for short), in OA Criminal Case No.1198/2007/B acquitting the respondent no.1 (accused) of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (said Act).

3. The appellant is the original complainant in OA Criminal Case No.1198/2007/B before the learned JMFC. It is the case of the complainant that he was known to the accused who is a businessman supplying sand for construction work. At the request of the accused, the complainant had stated to have advanced a sum of Rs. 1,06,000/- for purchase of bus on the assurance that the accused would repay the said amount by October, 2007. It is also the case of the complainant that towards repayment of the said amount the accused handed over to him a cheque bearing no.160528 dated 02.11.2007 of IndusInd Bank, Panaji branch for an amount of Rs. 1,06,000/-. However, on 09.11.2007