case u/s138 of NI Act decided as regular summons case,it should not be tried denovo
In the present case, the complaint was
filed on 3/3/1999 and the evidence on affidavit was filed by the
Complainant on 27/12/2005. The petitioner–accused started
cross examination on 9/1/2006 and continued till 8/3/2011.
The Petitioner – accused has consumed 18 sittings for cross
examination of complainant. If these dates are taken into
consideration, it is apparent that the case is not tried as a
summary case and in fact it is being tried as a regular
summons case. Although proceeding for an offence
punishable u/s 138 can be tried as a summary case u/s 143 of
N.I. Act, the Court below has preferred to try it as a regular
summons case.
I find that the Court below has rightly rejected the
application of the accused for de-novo trial of the case
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3745 OF 2011
Dinesh Thacker. ..Petitioner.
Versus
State of Maharashtra & Anr. ..Respondents.
