TaxTMI 
TaxTMI 
2022 (1) TMI 3
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....tioner had been convicted under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act'). The petitioner had preferred an appeal thereagainst and the Appellate Court by the order dated 24.02.2020 (Annexure P-1) had suspended the sentence of the petitioner and also recorded that no compensation had been awarded by the trial Court. This order has been reviewed by the Appellate Court while passing the impugned order by directing the petitioner to pay 25% of the compensation amount. He further contends that such a condition could only be imposed if the trial Court had awarded compensation vide order dated 23.01.2020. He further contends that once the order has been passed by the Appellate Court, it could not be revi....
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....1.09.2018 wherein it is stipulated that the Appellate Court may order the appellant to deposit such amount which shall be a minimum of 20% of the fine or compensation awarded by the trial Court. It is further provided that the amount payable under this Section would be in addition to any interim compensation paid by the appellant under Section 143A of the NI Act. The petitioner had preferred an appeal against the quantum of conviction and the Appellate Court in the order dated 24.02.2020 (Annexure P-1), while suspending the sentence of the appellant, did not direct the petitioner (appellant therein) to pay any amount in terms of Section 148 of the NI Act by misreading the judgment of the trial Court convicting the petitioner and directing ....
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....based on an acknowledged principle of law that once a matter is finally disposed of by a Court, the said Court in the absence of a specific statutory provision becomes functus officio and is disentitled to entertain a fresh prayer for any relief unless the former order of final disposal is set aside by a Court of competent jurisdiction in a manner prescribed by law." "Such an order cannot be altered except to the extent of correcting a clerical or arithmetical error. There is also no provision for modification of the judgment. Moreover, the prohibition contained in Section 362 Cr.P.C. is absolute; after the judgment is signed, even the High Court in exercise of its inherent power under Section 482 Cr.P.C. has no authority or jurisdiction....