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TMI Blog2021 (8) TMI 823X X X X Extracts X X X X X X X X Extracts X X X X ..... isposal 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 S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complaint, the respondent/accused had appeared before the trial Court. The complainant filed an application 143(A) of N.I. Act for grant of 20% of the Cheque amount as interim compensation. The same came to be allowed on 11.12.2019 in part. While allowing the application, the respondent/accused was directed to pay 10% of the Cheque amount as interim compensation within 60 days from the date of said order. Subsequently, the respondent/accused filed an application on 29.01.2020 for permitting him to deposit 20% of the Cheque amount in the Court and the same shall be kept in Court till disposal of the case. But the trial Court instead of passing orders on the application filed by respondent/accused, again passed one more order on 01.03.2021 re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 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. 6. Learned counsel for the respondent/accused submits that the petitioner/complainant is said to be a Foreign Citizen and if the amount is released he may fled away from India, then it is difficult to recover the said amount. He also submits that the transaction is 10 years old and there is every possibility of success of the respondent/accused in the final j ..... X X X X Extracts X X X X X X X X Extracts X X X X
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