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2019 Supreme(Mad) 1558

V.PARTHIBAN
BMD Hotels & Resorts Pvt. Ltd. – Appellant
Versus
P. Murali – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sunder Mohan
For the Respondents: Fazulul Haq for Juris & Justia

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 t

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