Negotiable Instruments Act, 1881–Sec. 138–Conviction–Justification–Complainant failed to produce any evidence to show that the cheque was issued in discharge of liability or debt–No document pertaining to the business was submitted before the Court below to establish that there was profit
in the business and the amount outstanding towards petitioner and was a debt or liability–Trial Court also not pondered to consider the defence that the cheque was of year 2005 and was either retained or stolen by complainant–Impugned judgemnt of conviction is liable to be quashed and set aside.
