ASHOK KUMAR SETHIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of present petition, the petitioner has challenged the order dtd. 12/8/2022 passed by the Additional Sessions Judge No. 6, Bikaner (hereinafter referred to as "the revisional court"), whereby the order dtd. 23/3/2022 passed by the Special Judicial Magistrate (N.I. Act Cases) No. 2, Bikaner, has been affirmed.

(2.) Shorn of unnecessary details, the facts germane for the present purpose are that the petitioner is facing trial for offence under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act") since 2012. After the evidence was over and matter reached at the stage of final arguments, an application dtd. 7/3/2022 came to be filed by the petitioner-accused captioned under Sec. 326(3) and 461 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code").

(3.) It was inter alia contended that since case of dishonour of cheque under Sec. 138 of the N.I. Act is required to be tried as a summary case; on the change of Magistrate on account of transfer or otherwise, the trial should commence denovo.