JUDGMENT

1. The appellant, who was the original complainant in N.I. Act Case No.14/2011/B on the file of the Judicial Magistrate, First Class, 'B' Court, Panaji, is aggrieved by the dismissal of his complaint and acquittal of the accused/respondents of the offence punishable under Section 138 of the Negotiable Instruments Act,1881 (hereinafter referred to as 'the Act' for short).

2. The brief facts of the case which emanate from the record are that the respondents No.1 and 2 approached the appellant in the textile shop known as "Saroj Emporium" at Panaji and requested the appellant, who was one of the partners of that shop, to supply sarees, suitings', shirting, silk materials and bedsheet sets on credit. The "Saroj Emporium" being a partnership firm, the appellant required the consent of other partners and one of the partners, Mr Rupesh D. Naik present there was not willing to supply the aforesaid material on the strength of a postdated cheque. However, since the appellant knew the respondents, the appellant agreed to supply the textile material by accepting the cheque in his personal capacity and assured the partners who were present in the shop that he would transfer the amount in