Negotiable Instruments Act, 1881 (26 of 1881), S. 138 – 'drawers signature differ' – Complainant’s case stated that he was working in the firm run by the accused and since the accused asked him to join the said firm as a partner and asked him to invest some amount, he invested an amount of Rs. 7 lakhs and that the cheque was issued towards repayment of the money invested by him – Defence case that the cheque in question was taken away by the complainant, who was working with the accused and then he presented it to the bank by putting her signature – That a police complaint qua loss of cheque had also been lodged - Complainant has not made any effort to establish that the signature found on the cheque was that of the accused and has made no effort to send the cheque to the hand-writing expert and also not examined the bank official/s with regard to the signature found on the cheque – Dates mentioned in Complainants statements does not tally with the date on which the amount in question is said to have been invested - Complainant has failed to prove that the accused to discharge her legally enforceable debt had issued cheque – Acquittal upheld.
