- (1.) Prayer in this petition is for recalling the order dated 21.05.2013 whereby the revision petition filed by the petitioner was dismissed as withdrawn. The petitioner was held guilty for the offence punishable under section 138 of the Negotiable Instruments Act, 1881, by learned Judicial Magistrate 1st Class, Panchkula, and ordered to undergo rigorous imprisonment for six months besides the payment of compensation equivalent to the cheques amount of Rs. 5,00,000/- and Rs. 2,50,000/-. The petitioner challenged the said judgment of conviction and order of sentence before the learned Additional Sessions Judge, Panchkula. Prayer was also made for suspension of sentence. Learned Appellate Court ordered that the sentence be suspended subject to deposit of 1/3rd of the compensation awarded by the learned trial court. In stead of complying with the said order, the petitioner approached this court to modify the same by way of Criminal Revision Petition No. 1721 of 2013. Vide order dated 21.05.2013, the petitioner was allowed to withdraw the said Criminal Revision Petition by this court while passing the following order:-- Learned counsel for the petitioner wishes to withdraw the instant petition with liberty to apply to the court below for an order that the amount so deposited will not be disbursed to the respondents till decision of the appeal and for giving him some more time making arrangement for deposit of the amount. Dismissed as withdrawn with aforesaid liberty.
(2.) Now the petitioner has moved this application for recalling of the said order. Section 362 of the Code of Criminal Procedure, 1973, specifically debars the recalling or review of the order after adjudication which reads as under:- Court not to alter judgment--Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error. In R. Annapurna V. Ramadugu Anantha Krishna Sastry, 2002 10 SCC 401, Hon'ble the Supreme Court held that High Court has no power to recall or review of its own order. In view of the above, there is no merit in the present application and the same is hereby dismissed.;