S.S. Satheesachandran, J.

1. Common petitioner is the complainant in two cheque cases, wherein the accused are different. Those accused are the respective party respondent in the above two petitions. In both complaint cases evidence on both sides is over. Presiding officer of the court was then transferred, and another officer, present incumbent, took charge. Complainant thereupon moved separate application in both cases for de novo trial. Those applications were filed under Section 311 of the Code of Criminal Procedure, for short, 'the Code' stating that the Apex Court in 'Nitinbhai Saevatilal Shah and Another V. Manubhai Manjibhai Panchal and Another' (AIR 2011 SC 3076) has held that cheque cases are to be tried summarily. In the midst of trial of cheque cases if the officer who recorded the evidence partly or fully is transferred such evidence cannot be acted upon, and the new officer has to commence the trial afresh, otherwise it will vitiate the proceedings, was the case canvassed for de novo trial. Accused in both complaints, opposed the applications filing written objections contending that the decision is not applicable to the cases. Learned Chief Judicial Magist