Negotiable Instruments Act, 1881–Sec. 138–Acquittal–Set aside by High Court–Justification–Specific case in the demand notice that a sum of Rs. one lakh was advanced as a loan in cash by the respondent on 30.05.2003 and two cheques of Rs. 60,000/- and Rs. 40,000/- of date 22.06.2003 were issued by the appellant–Agreement dated 22.04.2002 was produced and exhibited on the record–It was exhibited only to the extent of admission made by the complainant that the cheque numbers mentioned in it were the same–Cheques were issued much prior to 22.07.2003–These could not be for discharge of liability–Presumption u/s. 139 stood rebutted–Held, acquittal was justified –Impugned judgment passed by the High Court is liable to be set aside.
