5(iii) Defendant has though not disputed his signature over the cheque but he has explained the circumstances in which the cheque was handed over to the plaintiff. His defence is that his father in the year 2004 had borrowed an amount of `30,000/- from the plaintiff and in lieu of this loan, a blank cheque, signed by him, was handed over by his father to the plaintiff. Though the loan amount of `30,000/- was cleared by his father, however, the cheque was not returned by the plaintiff despite repeated demands. It is this cheque, which has been misused by the plaintiff in instituting the civil suit by filling-in wrong and manipulative details. In the facts of instant case where there are apparent manipulations on the cheque then due execution of a cheque would not only require proof of handing over of a blank signed cheque but the fact that the cheque was handed towards a legally enforceable liability also has to be proved. Plaintiff has failed to prove any legally enforceable liability of defendant towards him. The complaint instituted by him against the defendant under Section 138 of the Negotiable Instruments Act regarding the same cheque was dismissed by learned Judicial Magistra