JUDGMENT :

S.K. Sahoo, J.

This revision petition has been filed by the petitioner Ranjan Kumar Senapati challenging the impugned judgment and order dated 09.09.1998 of the learned J.M.F.C., Balasore passed in I.C.C. No.45 of 1996 (Trial No.328 of 1998) in convicting the petitioner under section 138 of the Negotiable Instruments Act, 1881 (hereafter “N.I. Act”) and sentencing him to undergo simple imprisonment for three months. The order of conviction was confirmed in appeal by the learned Sessions Judge, Balasore-Bhadrak, Balasore in Criminal Appeal No. 59 of 1998 vide impugned judgment and order dated 21.01.2000 but the sentence was reduced from simple imprisonment for three months to simple imprisonment for one month.

2. The prosecution case, in short, is that the complainant-opposite party no.2 deals with shoe business in the name and style as Raj Enterprises at Khalasimahala, Balasore and the petitioner was having a shoe shop at Proof Road, Balasore namely Subhadra Fancy Shoe Store. The opposite party no.2 supplied shoes worth of Rs.23,945/-on credit basis to the petitioner and the petitioner had signed on the credit bill in acknowledgement of the debt. Later on 30.10.1995 the pet