1. - As agreed by the parties, the matter is being finally heard.

2. The petitioner has filed this criminal miscellaneous petition challenging the order dated 17.07.2009 passed by the learned Additional District and Sessions Judge (Fast Track) No. 4, Jaipur City, Jaipur, whereby an application under Section 389 Criminal Procedure Code was decided, imposing a condition of depositing 50% of fine in the trial court. Further, it was ordered that the accused petitioner shall execute a bond of Rs. 20,000/- and one surety of the like amount, for his appearance before the Appellate Court. The said order was to be complied within 15 days. Thereupon, the sentence awarded to the petitioner was ordered to be suspended during the pendency of the appeal.

3. In short, the facts of the case are that the non-petitioner had filed a complaint under Section 138 of the Negotiable Instruments Act. It was alleged in it that a cheque No. 000026 dated 05.04.2005 of Kotak Mahindra Bank, of a amount of Rs. 12,50,000/-, was issued in favour of the complainant. Thereafter the petitioner, through his counsel, appeared before the learned trial court. Subsequently, on account of unavoidable circumstances