Procedure to followed in case for dishonour of cheque
“There could hardly be a case under Section 138 of the
Negotiable Instruments Act where the Magistrate has strictly
adopted procedure applicable to summary cases. It is observed
that in almost all the cases, the evidence is recorded in detail
and in some cases the cross examination goes on for days
together. Therefore, the successor in office is not supposed to go
by the label applied to the case. He is under obligation to
examine the record and proceedings and see that if the evidence
is recorded by adopting the procedure applicable to summons
cases there is no repetition of recording of evidence so that the
valuable time of the Court is saved.”IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Ganpatrao s/o Mahadeorao Kapse,
v
CRIMINAL APPLICATION (APL) NO.175 OF 2012
Rajiv s/o Bhupendranath Sidhra,
CORAM : M.L. TAHALIYANI, J.
DATED : 10 FEBRUARY, 2014.
Citation; 2014 (1) Crimes 514 Bom
