Madras HC recalls own order, says has to hear both sides
TNN | Apr 13, 2019, 07.45 AM IST
CHENNAI: Setting a significant precedent, the Madras high court has recalled its earlier order passed in a criminal appeal under Negotiable Instruments Act, in spite of the prohibition under Section 362 of CrPC, restraining criminal courts from altering or reviewing a judgment once the case is disposed of.
Justice V Parthiban passed the order on Friday primarily on the ground on January 21 the court set aside the acquittal order of a sessions court was pronounced without hearing the accused.
The issue pertains to appeals moved by BMD Hotels and Resorts Pvt Ltd and Airmedia Technologies Chennai Pvt Ltd against the order passed by the V additional sessions judge, Chennai dated July 27, 2018 acquitting the accused P Murali and others in the cheque bounce cases. Leave to move the appeals were granted by the high court on September 3, 2018. However, during the entire hearing the accused failed to appear or represent him through a counsel. The court then reserved its order on the appeal and pronounced orders on January 21, 2019. Two months after the order was passed, the accused sought recall of the order saying it had been passed without hearing them. They also contended that they had no knowledge about the appeal, as notices were never served to them.
Allowing thier pleas, Justice Parthiban directed the registry to list the original appeal before the appropriate judge for fresh hearing.
TNN | Apr 13, 2019, 07.45 AM IST
CHENNAI: Setting a significant precedent, the Madras high court has recalled its earlier order passed in a criminal appeal under Negotiable Instruments Act, in spite of the prohibition under Section 362 of CrPC, restraining criminal courts from altering or reviewing a judgment once the case is disposed of.
Justice V Parthiban passed the order on Friday primarily on the ground on January 21 the court set aside the acquittal order of a sessions court was pronounced without hearing the accused.
The issue pertains to appeals moved by BMD Hotels and Resorts Pvt Ltd and Airmedia Technologies Chennai Pvt Ltd against the order passed by the V additional sessions judge, Chennai dated July 27, 2018 acquitting the accused P Murali and others in the cheque bounce cases. Leave to move the appeals were granted by the high court on September 3, 2018. However, during the entire hearing the accused failed to appear or represent him through a counsel. The court then reserved its order on the appeal and pronounced orders on January 21, 2019. Two months after the order was passed, the accused sought recall of the order saying it had been passed without hearing them. They also contended that they had no knowledge about the appeal, as notices were never served to them.
Allowing thier pleas, Justice Parthiban directed the registry to list the original appeal before the appropriate judge for fresh hearing.
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