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2021 (9) TMI 253 - HC - Indian LawsDishonor of cheque - offence punishable under Section 138 of the N.I. Act - whether the order passed by the Trial Court on 15.05.2018 could be modified when already the said order is confirmed by this Court in MRS. ASHA JAYAWANT MORE VERSUS SMT. SWATI SANJAY REVANKAR [2019 (4) TMI 2010 - KARNATAKA HIGH COURT]? - HELD THAT:- Even though learned counsel for respondent contended that the finding given by this Court while disposing of the Crl.P.No.101047/2018 is not the correct law, admittedly, the said Criminal Petition was disposed of by the Coordinate Bench of this Court. The accused has not challenged the said order passed by this Court, dismissing the criminal petition. This Court is not sitting in appeal against the dismissal of the criminal petition. As the facts and circumstances of the case stand, the Appellate Court modified its earlier order, after the same has been confirmed by this Court, which is not proper and cannot be upheld - Petition allowed.
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