VIRAL BIPINBHAI KAPADIA Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) By way of this application filed under Sec. 482 of the Code of Criminal Procedure, the applicant, original accused, has prayed to quash and set aside the order dtd. 25/2/2019 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 dtd. 25/1/2019 passed by the trial Court under Sec. 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.10,000.00 and also deposits 30% of the cheque amount with the Nazir of the District Court, Rajkot on or before 16/3/2019.

(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.19.00 Lacs from the respondent-complainant for purchasing a residential flat by way of (i) Cheque No.223603 dtd. 18/11/2013 drawn on Rajkot Nagarik Sahkari Bank for Rs.8,90,000.00 and (ii) Cheque No.223694 dtd. 9/12/2013 drawn on the same Bank for Rs.10,00,000.00 and (iii) Rs.10,000.00 in cash, totalling Rs.19,00,000.00. The respondent-complainant had given the said amount on an assurance by the applicant that the entire amount would be returned within two years. When the respondent-complainant demanded such amount on expiry of the above period, the applicant issued two cheques (i) Cheque No.903380 dtd. 4/7/2016 for Rs.10,00,000.00 and (ii) Cheque No.000001 dtd. 4/7/2016 for Rs.9,00,000.00. The respondent-complainant deposited the said cheques in his Bank; however, both the cheques were returned on 5/7/2016 with the endorsement of "insufficient funds". On 25/7/2017 the respondent-complainant issued legal notice to the applicant, which were duly served. As the applicant failed to repay the cheque amount, the respondent-complainant filed a complaint under Sec. 138 of the N.I. Act, which came to be registered as Criminal Case No.10955 of 2016 before the trial Court at Rajkot.