MARUTHI FINANCE ENTERPRISES Vs. T. LAKSHMI

JUDGEMENT

(1.) THESE petitions are filed after a delay of 18 days by the same petitioner against two respondents in respect of distinct cheques which have been dishonoured. The petitioner had brought a complaint for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act', for brevity) in respect of each individual cheques and the same having been tried together, initially, the Trial Court had convicted the accused. Hence, an appeal was preferred by the accused. The Appellate Court has held that the court below has not followed the procedure as prescribed under the NI Act in conducting the trial and it had noticed that Section 143 of the NI Act prescribes that, notwithstanding anything contained in the Code of Criminal Procedure, 1973(hereinafter referred to as 'the Cr. P.C., for brevity), all offences under Chapter -IV of the NI Act shall be tried by a Judicial Magistrate of the First Class or the Metropolitan Magistrate and the provisions of Sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trials.

(2.) THEREFORE , in the instant case on hand, the Appellate Court had noticed that the evidence had been recorded by one Magistrate and before the trial had been concluded, the Magistrate having been transferred, another Magistrate had continued the procedure drawing inspiration from Section 326 of the Cr. P.C. This, the Appellate Court has found was not in accordance with law, as sub -section (1) of Section 143 of the NI Act has come in for interpretation by this Court in Crl. P. 8943/2010 decided on 22.03.2013 in the case of M/s. Mesh Trans Gears Private Limited vs. Dr. R. Parvathreddy, and this Court has opined as follows: