A.K. Parichha, J.—This is a petition challenging the judgment passed by learned 1st Additional District and Sessions Judge, Cuttack in Criminal Appeal No. 49 of 2003 confirming the judgment of learned S.D.J.M. (Sadar), Cuttack in I.C.C. No. 304 of 2001 (Trial No.1167 of 2001) wherein the petitioner was sentenced to pay a fine of Rs. 3,000 in default to undergo S.I. for a period of three months and further to pay a sum of Rs. 1,5,000/- to the opposite party-complainant for the loss of the cheque amount and other ancillary expenses as a measure of compensation provided under Section 357(3) of the Cr.P.C.

2. A cheque bearing No. 578559 for Rs. 12,880/- issued by the petitioner in favour of the opposite party was dishonoured by the Bank on the ground that the petitioner instructed not to honour cheque. After the cheque bounced, the opposite party sent a notice by registered post to the petitioner asking him to make payment within the statutory period of 15 days. When the petitioner failed to pay the cheque amount within the stipulated time, the opposite party lodged the complaint case. Basing on the complaint learned S.D.J.M. took cognizance of the offence under Section 138 of