JUDGMENT :

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. The brief facts of this case are as under:-

2.1 That the complainant and the original accused-applicant is known to each other as they are doing business of Tobacco. That, tobacco worth Rs. 5,95,000/- was sold to the accused. That, according to the complaint, Rs.1,30,000/- was paid and cheque No. 000004 of Rs.60,000/- of HDFC Bank Nadiad Branch dated 24.4.2017 was given by the accused towards remaining payment. That, as per complaint, the said cheque was deposited by the complainant in Gujarat Rural Bank, Nandisar Branch on 7.7.2017, which was returned on 10.7.2017 with the endorsement of “insufficient fund”. That, a notice dated 2.8.2017 was issued by the complainant to the accused-applicant which is served to the accused-applicant on 5.8.2017, even though accused-applicant neither replied nor complied with as claimed under the notice Hence, the complaint was filed. That, initially the complaint was registered as Criminal Inquiry No. 182 of 2017 vide order dated 8.9.2017 and it was kept for inquiry and the complainant was directed to remain present on 15