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M/S Gupta Sales Corporation And Another vs M/S Bayer Crops Science Limited on 23 May, 2013 cites

Nitinbhai Saevantilal Shah & Anr vs Manubhai Manjibhai Panchal & Anr on 1 September, 2011

"Case was fixed for today for consideration on application under Section 311 Cr.P.C. moved by accused. At this stage, it has been brought to my notice that the evidence of the complainant was recorded by Learned Predecessor of this court and in view of the CRM No.M-8485 of 2012 (O&M) -2- judgement of Hon'ble Supreme Court of Nitinbhai Saevatilal Shah & Anr. Vs. Manubhai Manjibhai Panchal and Another Criminal Appeal No.1703 of 2011, the evidence recorded by learned Predecessor in summary trial cannot be read by Successor in view of the provisions of 326(2) of Criminal Procedure Code. Perusal of the record reveals that no such order has been passed by learned Predecessor for trying the instant matter as summon case. Accordingly, finding no other alternative this court finds it proper to record the evidence of complainant afresh. Section 143 of Negotiable Instruments Act specifically provides that the complaint under Section 138 of Negotiable Instruments Act is to be tried summarily but in the instant case this court does not find it proper to try the instant complaint summarily as cheque amount is quite high and complainant could not be compensated in case the case is tried summarily. Further on oral hearing of the parties, this court is of the opinion that the accused would only be able to substantiate his defence in case the complaint is tried as a summon case. Accordingly, instant proceedings are started as summoned trial and the case would be tried as summoned case. Perusal of the file further reveals that the present complaint is pertaining to year 2004. Accordingly, the complainant is directed to conclude his CRM No.M-8485 of 2012 (O&M) -3- entire evidence within two opportunities. The copies of affidavits be supplied in advance to the opposite party who would cross examine the witness positively on the date fixed. Now case stands adjourned to 1.3.2012."
Supreme Court of India Cites 6 - Cited by 170 - J M Panchal - Full Document
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