N.A. Britto,J.-This is a compl-ainant’s appeal and is directed against Judgment dated 24.11.08 of the learned JMFC acquitting the accused under Section 138 of the Negotiable Instruments Act, 1881.

2. The complainant is a registered Co-operative Society governed by the Maharashtra Co-operative Societies, 1960, as applicable to the State of Goa and is in the business of accepting deposits and advancing loans. The accused is one of the members of the complainant.

3. The complainant filed the complaint on the allegation that the accused who was one of the members/ customers of the complainant was advanced a loan of Rs. 2,50,000/- which was payable with interest in installments under the terms and conditions stipulated in the agreement. The complainant stated that accused committed defaults in payment of the installments, inspite of repeated requests, and towards part payment of his liability the accused had in the past issued certain post dated cheques with request to present the same as and when they were due and one of such cheques was a cheque bearing No. 771240 dated 31.3.2007 for Rs. 30,000/ - drawn on HDFC Bank Limited, Panaji, in favour of the complainant towards part p