Negotiable Instruments Act, 1881–Sec. 138–Acquittal–Appreciation of–Case set up by the complainant that the disputed cheque was handed over to him in year 2007, is found false–He failed to specify in the complaint and evidence that he gave the loan of Rs. 40,000/- –Accused had already filed the complaint regarding the misuse of very same cheque in year 2005–Complainant also admitted in evidence that there was a monetary dispute in year 2005 –Held, acquittal was justified.