JUDGMENT

The appellant and the first respondent were the complainant and the accused respectively in ST No.290/2002 on the file of the Judicial Magistrate of the First Class-II, Thiruvananthapuram. The latter was prosecuted for the offence under Section 138 of the Negotiable Instruments Act . The appellant's case was that on 5.7.2000 the first respondent borrowed from him Rs.1,70,000/- and to discharge the liability he issued Ext P1 cheque dated 5.12.2000; on presentation it was returned dishonoured for want of sufficient fund in the account and in spite of demand by notice he failed to pay the amount. The first respondent was an employee of the Food Corporation of India. His defence was that he and two colleagues, one of whom was one Vilas Kumar, borrowed certain amounts from a society and they were sureties for one another; as security for the loan each of them issued a signed blank cheque. Thereafter, the first respondent was transferred to another place. He paid back the loan. The creditor society handed over to Vilas Kumar the signed blank cheque the first respondent had given as security. A dispute arose between the appellant and Vilas Kumar and the former committed theft of