ORDER :

V. Parthiban, J.

1. The unnumbered criminal miscellaneous petitions have been filed by the petitioners herein/accused to recall the judgment passed in C.A. Nos. 590 and 592 of 2018 dated 21.1.2019.

2. The unnumbered criminal miscellaneous petitions were directed to be posted before this Court as the Registry of this Court found the petitions to be not maintainable, raising objection that once judgment has been delivered by this Court, the same cannot be altered or reviewed u/s. 362 Cr.P.C. and, hence, the petitions u/s. 482 Cr.P.C. would not lie.

3. The recall petitions u/s. 482 Cr.P.C. arise out of the circumstances that led to the passing of the judgment in the abovesaid appeals by this Court vide order dated 2.1.2019.

4. The appellant in the appeals was the complainant before the trial court. Complaint was filed against the respondents/accused u/s. 138 r/w. 141 of the Negotiable Instruments Act. According to the appellant/complainant, the respondents/accused in CA No. 592/2018 (petitioners in Crl.M.P. SR No. 10341/19) have issued 5 cheques for a sum of Rs. 2.50 Lakhs each, in all totalling to Rs. 12.50 Lakhs on various dates. All the cheques were presented on 24.5.2010 with the complainant's banker. The cheques were returned dishonoured on 25.5.2010 with endorsement “exceeds arrangement”.

5. Similarly, the respondents/accused in CA No. 590/2018 (petitioners in Crl.M.P. SR No. 10343/19) have issued for a sum of Rs. 1.50 Lakhs each, in all totalling to Rs. 7.50 Lakhs. All the cheques were presented on 24.5.2010 with the complainant's banker. The cheques were returned dishonoured with an endorsement “funds insufficient” on 25.05.2010.

6. Thereafter, a legal notices were issued on behalf of the complainant on 14.6.2010, which was received by the respondents/accused in both the appeals on 15.6.2010. Since the amount covered under the cheques issued by the respondents/accused were not settled within 15 days from the date of receipt of notice issued under the provisions of the Negotiable Instruments Act, complaint was filed before the trial court u/s. 138 r/w 141 of the Negotiable Instruments Act, which were taken on file as C.C. Nos. 133 and 134 of 2012.

7. The learned Magistrate, after full-fledged trial, being satisfied with the merits of the complaint, convicted all the respondents/accused u/s. 138 of the Negotiable Instruments Act and sentenced them to undergo simple imprisonment for a period of two years with a fine of Rs. 10,000/- each in each case and also ordered compensation of Rs. 12.50 Lakhs and Rs. 7.50 Lakhs respectively, as per Section 357(2) Cr.P.C., payable by the accused and in default of such payment, to undergo simple imprisonment for a period of six months in each of the case. As against the order of the trial court, the respondents/accused preferred appeals before the lower appellate court in C.A. Nos. 105 and 106 of 2016. The lower appellate court, which dealt with the appeals filed by the respondents/accused, accepted the case of the accused that there was no enforceable debt or liability and on such findings, the lower appellate court reversed the judgment of the trial court and acquitted the respondents/accused. Against the said judgment of the acquittal, the present appeals were filed by the complainant/appellant.

8. The appeals were listed for hearing before this Court on various dates from the day leave was granted to the appellant to file the appeals on 3.9.18. As could be seen from the order sheet relating to the listing of the appeals before this Court on various dates, there was no appearance either by the accused or was there any representation by any counsel on their behalf. The dates of hearing of the appeals on various dates and the nothings of the proceedings of this Court are extracted hereunder for reference:-

“10. The petitioners submit that his counsel had perused the records before this Hon'ble Court and the adjudication of this Hon'ble Court which is extracted below:-

On 03.09.2018:

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