JUDGMENT :

1. RULE. Learned APP waives service of notice of rule on behalf of respondent State.

2. By way of this application filed under Section 482 of the Code of Criminal Procedure, the applicant, original accused, has prayed to quash and set aside the order dated 25.02.2019 passed by the Court of learned 2nd Additional Sessions Judge, Rajkot below application Exhibit-5 in Criminal Appeal No. 38 of 2019 whereby, the judgment and order of conviction and sentence dated 25.01.2019 passed by the trial Court under Section 138 of the Negotiable Instrument Act, 1881 (for short, “the N.I. Act”) in Criminal Case No.10955 of 2016 has been suspended on condition that the applicant furnishes personal bond of Rs.10,000/- and also deposits 30% of the cheque amount with the Nazir of the District Court, Rajkot on or before 16.03.2019.

3. The facts in brief, as emerging from the impugned complaint, are that the applicant herein and respondent-complainant (now represented by his legal heir) had shared friendly relations for a long period. In 2013, the applicant borrowed Rs.19 Lacs from the respondent-complainant for purchasing a residential flat by way of (i) Cheque No.223603 dated 18.11.2013 drawn