This criminal revision petition arises out of the judgment in Crl. Appeal No.83/96 of the Ist Addl. Sessions Judge, Thiruvananthapuram for offence under Section 138 of the Negotiable Instruments Act, 1881. The revision petitioner was accused in C.C.114/95 of the Judicial First Class Magistrate Court-V, Thiruvananthapuram for offence under Section 138 of the N.I. Act, where he was convicted and sentenced thereunder.

2. The case of the first respondent/complainant in the trial court was that on 12.08.90, the revision petitioner borrowed a sum of `80,000/- from the first respondent with an undertaking to repay the amount as and when required, and in discharge of the debt he issued a cheque drawn on State Bank of Travancore, Nellimoodu branch. When the cheque was presented for encashment, it was dishonoured for the reason, "cheque reported lost". Thereafter, first respondent made a demand for the payment of the said amount by giving a notice in writing to the drawer of the cheque. There was no response from him. In the circumstance, he filed the above complaint in the Judicial First Class Magistrate Court-V, Thiruvananthapuram.

3. To prove the allegation, the first respondent examin