V. M. Kanade, J. : The petitioner is the original accused and the respondent No. 1 is the original complainant in Criminal Case No. 541/N/97/D. The said complaint was filed by the respondent No. 1 under section 138 of the Negotiable Instruments Act. It was alleged in the complaint that the complainant and her father-in-law had given power of attorney to the petitioner herein to sell two flats for an amount of Rs. 3,00.000/- each and after the said transaction was completed the respondent No. 1 issued two cheques of Rs. 3,00.000/- each. These cheques were deposited by the complainant in her Bank. However, both the cheques were dishonoured and therefore a criminal complaint was filed under section 148 of the Negotiable Instruments Act. The learned Magistrate convicted the accused and sentenced him to punishment until the rising of the Court and further directed him to pay compensation of Rs. 3,00,000/- to the complainant and in default to undergo simple imprisonment for three months. Against the said judgment and order, an appeal was preferred by the petitioner before the District and Sessions Court. Margao bearing Criminal Appeal No. 02/04. The District and Sessions Judge d