Negotiable Instruments Act, 1881–Sec. 138–Acquittal from the offence–It is not established that the cheque was drawn by respondent no. 2–No close relationship between the appellant and respondent no. 2 as claimed by the appellant–This fact was proved that the respondent no. 2 did not give the cheque to the appellant–The appellant was the partner of the respondent no. 2 in the factory which was in loss–He acquired the cheque from the office and misused the same–Held, acquittal was justified.
