SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2013 Supreme(SC) 628

H.L.GOKHALE, MADAN B.LOKUR
MEHSANA NAGRIK SAHKARI BANK LTD. – Appellant
Versus
SHREEJI CAB CO. – Respondent


Judgement Key Points

Yes, this judgment is relevant to another prior Supreme Court decision on trial procedure in summary proceedings under the Negotiable Instruments Act and CrPC. It clarifies that the rule requiring a successor Magistrate to rehear evidence afresh applies only when evidence is recorded summarily, not in full—as was the case here—thus distinguishing the facts and directing the trial to continue from the pending stage without fresh evidence.[1000533950002][1000533950003][1000533950004][1000533950005]


ORDER

1. Leave granted.

2. Heard Mr. Huzefa Ahmadi, learned senior counsel appearing for the appellants and Mr. Shamik Sanjanwala, learned counsel appearing for the respondents.

3. The only question raised in this appeal is as to whether the High Court should have stayed the trial by relying upon the judgment of this Court in Nitinbhai Saevatilal Shah & Anr. Vs. Manubhai Manjibhai Panchal & Anr., (2011) 9 SCC 638. The appellant Bank had filed a complaint before the competent Court under Section 138 of the Negotiable Instruments Act, 1881 against respondent Nos.1 to 3. As the respondents wanted one additional party to be added to that complaint, they filed an application under Section 319 of the Code of Criminal Procedure before the Additional Chief Judicial Magistrate, Mehsana. That application having been rejected, a Criminal revision application was filed before the Principal Sessions Judge, Mehsana. That Judge confirmed the order passed by the Trial Court. Thereafter, the respondents filed an application before the High Court for quashing and setting aside the orders passed by the criminal courts. The High Court proceeded on an entirely different premise and disposed of the appl



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top