R.C. Chavan, J.—This appeal by the complainant takes exception to judgment rendered by the learned Judicial Magistrate, First Class, Vasco in Criminal Case No.536/04 whereby the learned Magistrate acquitted the respondent of the offence punishable under Section 138 of the Negotiable Instruments Act.

2. The facts which led to filing of the complaint are as under:

The complainant/Company are Ship Chandlers who provide various ship stores to ships which call at Mormugao Port. The respondent/company has been arranging for supply of such stores through the complainant as Agents of Russian Vessel A. A. Sidorenko. The respondent has issued cheques No.353919 and 353921 dated 22.8.2003 and 30.9.2003 drawn on Centurion Bank at Vasco for Rs.2,00,000 each towards ship stores supplied to the said Russian Vessel A.A. Sidorenko. The complainant presented the first cheque No. 353919 for clearance on 25.8.2003 through their bankers, which was returned back for want of funds. It was again presented on 14.10.2003 and was once again returned for want of funds. This cheque alongwith other cheque No. 353921, were again presented on 19.2.2004 and both the cheques bounced for want of funds. On 18