JUDGMENT

U.V. Bakre, J.—This revision application is directed against the judgment and order dated 11.12.2013 passed by the learned Additional Sessions Judge, FTC-II Margao, (“Appellate Court”, for short) in Criminal Appeal No. 61/2013.

2. The said Criminal Appeal No. 61/2013 was, in turn, filed against the judgment, order and sentence dated 17.4.2013 passed by the learned Judicial Magistrate, First Class, ‘B’ Court Vasco (‘J.M.F.C.’, for short) in Criminal Case No. 113/OA/NIA/2011/B. Applicant was the complainant whereas respondents were the accused in the said Criminal Case. The parties shall hereinafter be referred to as per their status in the said Criminal Case.

3. The complainant had filed a complaint against the accused persons for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘N. I. Act’, for short) which gave rise to the said Criminal Case. The case of the complainant, in short, was as follows:

Complainant was a company engaged in the business of operating barges for transportation of mineral ore and it also gave its barges on hire to interested operators. The accused No. 2 was engaged in the business of transportation of mineral ore and car