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2021 (8) TMI 823 - HC - Indian LawsDishonor of Cheque - application under Section 143(A) of N.I. Act seeking permission to deposit interim compensation amount - HELD THAT:- Initially an order has been passed by the trial Court on 11.12.2019 by allowing the application filed by the petitioner/complainant directing the respondent/accused to pay 10% of the Cheque amount as interim compensation as per Section 143(A) of N.I. Act. Thereafter on 29.01.2020 the respondent/accused filed an application under Section 143(A) of N.I. Act seeking permission to deposit interim compensation amount in the Court and to keep the said amount in the Court account till disposal of the case. But the trial Court committed an error without passing any order directing the respondent/accused to deposit the amount in the Court or rejecting the application. 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 application as per the provisions of Section 362 of Cr.P.C. - though the learned counsel for the respondent/accused had already filed an application for depositing the interim compensation in the Court till disposal of the case, the trial Court has not passed any order on that application. Even if it is considered, the trial Court cannot change the order as there is a bar under Section 362 of Cr.P.C. Therefore with the consent of learned counsel for both the parties, the said application is to be considered before this Court. The order passed by the trial Court on 01.03.2021 dismissing the application under Section 143(A) of N.I. Act is hereby set aside. The earlier order dated 11.12.2019 allowing the application filed under Section 143(A) of N.I. Act is restored - Petition allowed.
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