Absence of pleading in complaint or affidavit that cheque was issued for discharge of debt or liability

Negotiable Instruments Act, 1881, Ss.138, 139 - Dishonour of cheque - Misuse of cheque - Absence of pleading in complaint or affidavit that cheque was issued for discharge of debt or liability - Defence of misuse of cheque substantiated from the fact that there was tampering with the cheque as word 'fifty' was not legible - Defence taken was probable - In absence of discharge of onus by complainant, no case is made out - Acquittal calls for no interference. (2022(4) Criminal Court Cases 355)