The petitioner is the complainant in ST No.849/2005 on the file of the Judicial First Class Magistrate Court-II, Thiruvananthapuram alleging offence punishable under Section 138 of the Negotiable Instruments Act in which the 1st respondent herein has been arrayed as accused therein.

2. Ext.P1 dishonoured cheque dated 15.2.2005 is for Rs.2,00,000/-. The trial court as per the judgment rendered on 24.10.2007 has convicted the 1st respondent herein for the above said offence and has sentenced her to undergo simple imprisonment for a period of three months and to pay a fine of Rs.15,000/- which is disbursable as compensation to the complainant in terms of Section 357(1)(b) of the Code of Criminal Procedure, and in default thereof to undergo simple imprisonment for a period of two months. The trial court refused to award the cheque amount of Rs.2,00,000/- as compensation in terms of Section 357(3) of the Code of Criminal Procedure, in view of the decision of the Apex Court in the case in Dilip v. Kotak Mahindra Company Ltd., reported in 2007(2) KLT 488 (SC). To impugn the conviction and sentence, the accused had preferred Criminal Appeal No.952/2007 before the appellate sessions c