NANDLAL Vs. SAHEBRAO

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. By consent heard both the sides for final disposal. The petition is filed to challenge the order made on Exh. 1 in SCC No. 1326/2008 by the Judicial Magistrate, First Class, Vaijapur, District Osmanabad. The case is filed by petitioner for offence punishable under section 138 of Negotiable Instruments Act (hereinafter referred to as 'the N.I. Act') against the present respondent No. 1. The complainant has filed evidence as examination in chief by filing affidavit and he was cross examined by the defence counsel. The evidence was recorded before another Presiding Officer on 5.12.2009. Another Magistrate took charge of this Court and passed order under challenge on 5.10.2013. In view of the observations made by the Apex Court in the case reported as : AIR 2011 SUPREME COURT 3076 : (2011 ALL SCR 2130) [Nitinbhai Saevatilal Shah and Anr. Vs. Manubhai Manjibhai Panchal and Anr.], he ordered denovo trial. Both the sides are heard.

(2.) THE learned counsel for the petitioner submitted that though the case is shown to be registered as summary criminal case, the evidence was recorded for the purpose of regular summons case and not in case tried as summary manner and so, there is no need of denovo trial. This Court has discussed the points raised in this petition in Criminal Revision Application Nos. 244/13 & 56/14: ( : 2015 ALL MR (Cri) 285) [Abdul Khabeer s/o. Muniroddin Siddiqui Vs. Mohd. Osmanoddin s/o. Mohd. Fazluddin Qureshi] today itself and the following observations are made.