JUDGMENT :

B.K. Patel, J. - By judgment dated 28.2.2001 passed in I.C.C. Case No. 499 of 1997, instituted by the O.P. complainant against the Petitioner-accused, by the learned J.M.F.C., Bhubaneswar the Petitioner was convicted u/s 138 of the Negotiable Instruments Act, 1881 (for short the 'Act') and sentenced to undergo R.I. for six months and pay fine of Rs. 5000/- in default to undergo R.I. for six months, and also was directed to pay Rs. 1, 60, 000/- as compensation to the complaint. By judgment and order dated 05.01.2002 in Criminal Appeal No. 77/9 of 2001, preferred by the Petitioner, the learned First Adhoc Additional Sessions Judge, Bhubaneswar confirmed the orders of conviction, sentences and compensation. However, it was directed that in default of payment of sentence of fine, as awarded, the Petitioner shall undergo R.I. for three months. Being aggrieved, the Petitioner has preferred this revision.

2. Complainant's case is that he is a wholesaler of foreign liquor. The accused who has a retail liquor shop used to take liquor from the complainant on credit basis and pay the credit amount by cash or cheques. On such account Rs. 1,65,000/- was payable by the accused to the co