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 offence 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/Ist 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 I.C.D.S. Ltd. v. Beena Shabeer (2002 (3) KLT 218). 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 in Section 138