2021 (8) TMI 823

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....OR R1(P.H.); SRI H. RAMACHANDRA, ADVOCATE FOR R2 (P.H.) ORDER This petition is filed by the petitioner-complainant under Articles 226 and 227 of the Constitution of India, challenging the order passed by the XXXIV Additional ACMM, Mayo Hall, Bangalore, on the application filed by the complainant under Section 143(A) of Negotiable Instruments Act (for short 'N.I. Act') in C.C. No.52221/20....

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....ompensation within 60 days from the date of said order. Subsequently, the respondent/accused filed an application on 29.01.2020 for permitting him to deposit 20% of the Cheque amount in the Court and the same shall be kept in Court till disposal of the case. But the trial Court instead of passing orders on the application filed by respondent/accused, again passed one more order on 01.03.2021 rejec....

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....ent/accused to deposit the amount in the Court or rejecting the application. But proceeded to pass one more order on 01.03.2021 by rejecting the application filed by the very complainant under Section 143(A) of N.I. Act. It may be by oversight or an error, but once the order was passed by allowing or rejecting the application, the same Magistrate has no power to recall any order passed on the same....

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....d if the amount is released he may fled away from India, then it is difficult to recover the said amount. He also submits that the transaction is 10 years old and there is every possibility of success of the respondent/accused in the final judgment, therefore, by looking to the facts and circumstances of the case, it is necessary for this Court to pass an order on the application filed by the resp....