Negotiable Instruments Act, 1881–Sec. 138–Code of Criminal Procedure, 1973–Sec. 378(4)–Acquittal–Leave to appeal–Respondent took the plea that she has no bank account–Plea is fortified from the remark of return memo that the cheque was not issued–Banks would not issue the cheque book to an illiterate person who cannot append the signatures–Held, acquittal was justified.