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TMI Blog2021 (9) TMI 253X X X X Extracts X X X X X X X X Extracts X X X X ..... n 138 of the Negotiable Instruments Act, 1881 (for short, 'N.I. Act') wherein I.A.No.II filed by the accused is allowed and its order dated 15.05.2018, is modified while suspending the sentence dated 12.04.2018, passed in C.C.No.502/2017 before the learned IX J.M.F.C., Belagavi, (for short, 'trial Court'). 3. For the sake of convenience, the parties in this petition are referred to as per their status and ranking before the trial Court. 4. Brief facts of the case are that the petitioner herein as complainant filed the private complaint against the respondent/accused, alleging commission of offence punishable under Section 138 of the N.I. Act. The trial Court took cognizance of the offence, registered the criminal case in C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5.2018, permitting release of the accused on deposit of the entire fine amount of Rs. 3,000/-. This order dated 13.08.2019, passed by the Appellate Court, is under challenge before this Court. 7. Heard Sri K.L. Patil, learned counsel for petitioner and Sri Vitthal Teli, learned counsel for respondent. 8. Learned counsel for petitioner submitted that when the order dated 15.05.2018 passed by the Appellate Court was called in question before this Court, by filing Crl.P. No.101047/2018 and the said petition was already dismissed by this Court, the Appellate Court could not have modified its order dated 15.05.2018. Therefore, he prays for allowing the petition and to set aside the impugned order passed by the Appellate Court. 9. Per contra, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 15.05.2018. The short question that is to be considered is, 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 Crl.P. No.101047/2018. 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 or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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