Prithviraj K. Chavan, J. —This appeal is directed against the impugned judgment and order of acquittal of respondent no. 2 of the offence punishable under section 138 of the Negotiable Instruments Act dated 21.6.2012 passed by JMFC Bicholim in Criminal Case No.27/0A/138/2005/C.

2. Facts germane for the decision of the appeal, can be summarised as under:-

The parties shall be referred to as “complainant” and the “accused” as per their original status, for the sake of convenience.

The accused approached the complainant to purchase some scrap material. The complainant agreed to sell the scrap material to the accused for a consideration of Rs. 10 lakhs. The accused, therefore, issued two cheques for Rs. 5,00,000/- each bearing Nos. 256787 and 256788 dated 10.12.2004 drawn on ICICI Bank, Panaji Branch, in part discharge of his liability. However, the cheques were dishonoured when presented on 13.12.2004 and returned with remarks “payment stopped by drawer”. The complainant, therefore, issued a legal notice dated 22.12.2004 to the accused. The said notice was replied by the accused on 14.1.2005. Thereafter, the complainant preferred a complaint in the Court of JMFC, Bicholim on