Joytosh Banerjee, J.

This proceeding arises out of an application under section 401 read with section 482 of the Criminal Procedure Code, 1973 and it is directed against the judgement and order dated 24-8-2001 passed by the Additional Sessions Judge, 13th Court, Alipore, 24-Parganas(S), in Criminal Appeal No. 19/2001 modifying the judgment and order of conviction and sentence passed by the Sub-Divisional Judicial Magistrate, Alipore, 24-Parganas(S) in complaint case No. 112/97 convicting the petitioner for commission of the offence punishable under section 138 of the N.I. Act, 1881 (as amended upto date) and sentencing him to pay a fine of Rs. 5000/-, in default simple imprisonment for 3 months and directing the petitioner to pay a compensation to the tune of Rs. 3,00,000/-.

2. Briefly stated the circumstances under which, the petitioner has come before this court, are as follows:- The petitioner issued two cheques dated 18.5.96 and 11.6.96 totalling Rs. 2,77,551.58 paise drawn on Bank of Baroda in favour of O.P. M/s. S.S. Distributors having its office at 18B/1A, Satya Doctor Road, Khiddirpur, Calcutta-700 023, in discharge of his liability and debt towards the O.P. The cheq