N. A. Britto, J.—This is complainant’s appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 (Act, for short) by Judgment/Order dated 12.12.2003 of the learned Judicial Magistrate, First Class, Margao.

2. The case of the complainant was that the accused had issued to the complainant a cheque No.0310348, dated 1.9.2000 for Rs.50,000 drawn on Madgaum Urban Cooperative Bank Ltd. towards money which was due and payable to the complainant by the accused, and, when the complainant presented the said cheque for payment through its bankers, namely Indusind Bank Limited the same was returned with endorsement ‘funds insufficient’ as intimated by the said Indusind Bank Limited to the complainant on 10-1-2001.

3. The complainant claimed that thereafter, he issued a legal notice to the accused dated 18-1-2001 by Registered Post A.D. informing the accused about the cheque and calling upon the accused to make payment due on the said cheque within 15 days. According to the complainant, the accused was intimated about the notice by postal authorities on 26-1-2001 and the said postal notice was returned by the postal authorities, and, as the a