HC recalls order in cheque bounce case

The Madras High Court Friday recalled its order passed in an appeal under the Negotiable Instruments Act on the ground it was pronounced without hearing the accused.

"The ultimate aim of this court is to secure the ends of justice and in case the court finds that the order has been passed without following the principles of natural justice, affecting the life and liberty of the citizens of this country....," the court said.

Justice V Parthiban passed the order primarily on the ground that the order dated January 21 setting aside the acquittal order passed by the sessions court was pronounced without hearing the accused.

"When the court is confronted with a plea that the accused were wronged by the judgment of this court as they were not heard before the disposal of the appeals, the court cannot take refugee under section 362 of CrPC...," the court said.

Section 362 of the CrPC restrains courts from altering or reviewing a judgment once the case is disposed of.

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, acquitting accused P Murali and others in cheque bounce case.

The High Court had granted leave to move the appeals on September 3, 2018. However, during the entire hearing the accused failed to appear or be represented through a counsel.

All the notices ordered by the court were returned unclaimed following which the court reserved orders and subsequently pronounced it on January 21.

Two months after the order was passed, the accused filed a miscellaneous petition seeking to recall the order as it was passed without hearing them.

Allowing their pleas, Justice Parthiban directed the registry to list the original appeal before the appropriate judge for fresh hearing.