Judgment

B.K. NAYAK, J.

Order dated 17.02.2012 passed by the learned J.M.F.C., Khallikote in I.C.C. No.2 of 2006 directing the complainant to come ready with his witnesses on the next date for evidence de novo has been assailed in this criminal revision.

2. The complaint case in question is one under Section 138 of the Negotiable Instruments Act, 1981 (in short “the N.I. Act”). The trial of the complaint case began on 22.08.2008 by following summons procedure as contained in Chapter-XX of the Code of Criminal Procedure,1973 by the then J.M.F.C. When the complaint case had been fixed for argument after closure of evidence from both sides, the present J.M.F.C., Khallikote joined on transfer in place of his predecessor-in-office. Without hearing arguments, the learned J.M.F.C. passed the impugned order holding that in terms of Section 143 (1) of the N.I. Act a complaint case under Section 138 of the said Act is to be tried in summary procedure as provided in Sections 262 to 265 of the Cr. P.C. and that departure from summary procedure is possible only when the requirement of the second proviso to Section 143(1) of the N.I. Act is satisfied, that is to say, if the Magistrate passes an or