GYANESHWAR NAMDEO Vs. SONWANE CONSTRUCTION

JUDGEMENT

(1.) By way of the present petition, the petitioner has sought for modification of the order passed by this Court on 10.02.2014 in Acquittal Appeal No. 193 of 2012.

(2.) Counsel for the petitioner submits that the petitioner/complainant had filed a case under Sec. 138 of Negotiable Instrument Act against the respondent on account of three separate cheques which were issued to the complainant by the respondent were subsequently dishonoured on account of insufficient fund. The said case was initially rejected by the JMFC, Bilaspur in Criminal Case No. 373 of 2010 vide its order dated 25.01.2012 holding that the proceedings initiated against the respondent under the Negotiable Instrument Act is barred by limitation. The said order dated 25.01.2012 was put to challenge by way of acquittal appeal which was registered as Acquittal Appeal No. 193 of 2012. The said acquittal appeal came up for hearing before the High Court on 10.02.2014 on which date after considering the submissions put forth by the counsel for the parties, the acquittal appeal was also rejected by this Court.

(3.) Now, by way of the instant petition u/S. 482 of Cr. P. C. the petitioner has sought for modification/recalling these two judgments; firstly passed by the JMFC, Bilaspur in Criminal Case No. 373/2010 dated 25.01.2012 and also passed by this Court in Acquittal Appeal No. 193 of 2012 dated 10.02.2014.