SHIVAJI SAMPAT JAGTAP Vs. RAJAN HIRALAL ARORA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. for the State.

(2.) Rule, returnable forthwith. By consent of the parties taken up for final hearing. The learned counsel for the respondents waive service.

(3.) The question of considerable significance, raised in this writ petition, is that whenever any Magistrate, after having heard and recorded the whole or any part of the evidence in a case under section 138 of the Negotiable Instruments Act, 1881 (for short "the Act") ceases to exercise jurisdiction therein, either on account of his transfer or retirement, and is succeeded by another Magistrate, whether in view of the provisions contained in section 143 of the Act, the succeeding Magistrate requires to hold a denovo trial as contemplated under section 326(3) of the Code of Criminal Procedure (for short "the Code") or can act on the evidence so recorded by his predecessor and proceed further from the stage at which he takes over and decide the case as contemplated under section 326(1) of the Code.