1. - The present petition has been filed under Section 482 CrPC praying that the order dated 22.8.2012 passed by the Judicial Magistrate, First Class, Rajgarh District Churu and affirmed by the Revisional Court vide order dated 7.6.2013 be set aside.

2. It is submitted that an application was filed by the accused/petitioner that re-trial of the case be held as the Magistrate who recorded the evidence was transferred. In support of this contention, reliance was placed by the counsel for the petitioner in the Trial Court on Nitinbhai Saevatilal Shah & Anr v. Manubhai Manjibhai Panchal, 2011 Cr.LR (SC) 852 : 2011 (2) NIJ 451 (SC) .

3. After hearing counsel for the petitioner, this Court is of the view that above said judgment is not attracted on the facts of the present case. There is a difference between trial of a case as summons case and summary case. The procedure envisaged under Section 326 Cr.PC is only called for when the trial is held in a summary manner where gist of the evidence is recorded by the Magistrate. However, in the present case, the petitioner was tried by following the procedure of summons case. Notice of accusation was served upon the petitioner. On his d