JEEWAN MEHRA Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This order shall dispose of Criminal Revision Nos.3203, 3644, 3648, 3649 and 3665 of 2014, as common question of law as well as facts are involved in all these petitions. However, for the convenience of disposal of these petitions, facts have been noticed from CRR No.3203 of 2014.

(2.) The petitioner has filed this revision petition against order dated 22.9.2014 passed by learned Additional Sessions Judge (A), Fast Track Court, Amritsar, whereby application dated 1.7.2014 seeking de novo trial after setting aside the order dated 13.9.2014 has been dismissed.

(3.) Learned counsel for the petitioner while relying upon the judgment of Honourable the Apex Court in the case of Nitinbhai Saevatilal Shah and another Vs. Manubhai Manjibhai Panchal and another 2011(4) RCR (Criminal) 148 submits that a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 is required to be decided by way of summary trial and in case the Magistrate who had recorded the evidence is transferred, his successor cannot pronounce the judgment on the basis of evidence recorded by his predecessor and the successor Magistrate is required to perform the de novo trial.