JUDGMENT :

MARY JOSEPH, J.

1. O.S No. 138/1998 seeking realisation of money by the plaintiff from defendant was dismissed by the Additional Sub Court, Kollam by judgment dated 24.06.2004. Aggrieved thereby the plaintiff is now before this Court in the appeal on hand challenging the judgment and decree. The 1st defendant died during the pendency of the suit and his legal heirs were brought on record as additional defendants 2 to 6. For the sake of convenience, the parties to the appeal are referred to hereinafter as the plaintiff and defendants.

2. The conspectus of the facts of the case are as follows:

A sum of Rs. 2,00,000/- was borrowed by the original defendant from the plaintiff on 02.05.1995. Cheques bearing Nos. 968071 and 968072 each for Rs. 1,00,000/- drawn on State Bank of Travancore, Ooruttampalam Branch were issued to the plaintiff towards repayment of the amount borrowed at the residence of plaintiff's brother at Mundakkal Village in Kollam District. Cheques were presented by the plaintiff before State Bank of India, Main Branch, Kollam for encashment through the son of his brother, who was also his authorised Power of Attorney, but returned bounced on 14/7/1995 for the rea