K.A. Abdul Gafoor, J. — Reversing the conviction ordered by the Judicial Magistrate of the First Class-II, Kochi, learned II Additional Sessions Judge, Ernakulam acquitted the 1st respondent. Therefore the appellant/complainant has come up with this appeal against the acquittal.

2. The offences alleged are that punishable under Sections 138 of the Negotiable Instru­ments Act and under Section 420 of the IPC. The subject matter was Ext.P2 cheque dated 5-5-1993 for an amount of Rs. 20,000/- issued by the accused/1st respondent. When the cheque was presented to the bank, it bounced. So the offence as alleged has been committed by the 1st respondent. Reversal of the conviction is, therefore, bad, the appellant submits.

3. The finding of the learned Sessions Judge that Ext.P2 cheque was issued as a security and, therefore, does not attract Section 138, now cannot be accepted in the light of the deci­sion of the Apex Court in C.D.S. Ltd. v. Beena Shabeer1. Even a cheque issued by the guarantor to ensure repayment of loan by the principal debtor was found in that case, supported by due consideration and issued to discharge legally enforceable liability to attract the provision i