When trial in case of dishonour of cheque should not be heard denovo ?
regular summons case it would not come within the purview of
section 326(3) of Cr.P.C. In other words, if the case in substance
was not tried in a summary way, though was triable summarily,
and was tried as a regular summons case, it need not be heard de
novo and the succeeding Magistrate can follow the procedure
contemplated under section 326(1) of the Code. However, where
a case is tried in a summary way by following the procedure 74
contemplated by the provisions of Chapter XXI of the Code and
in particular sections 263 and 264, then it would be excluded from
the purview of section 326(1) of the Code.
Section 143 has a mandatory effect though the provision
opens with a non obstante clause. This means that provisions of
section 259 of Cr.P.C. regarding a warrant trial shall have no
application in respect of an offence under Section 138 of the NI
Act.
Karnataka High Court
M/S Mesh Trans Gears Pvt. Ltd. vs Dr.R. Parvathreddy S/O. ... on 22 March, 2013
https://www.lawweb.in/2013/10/when-trial-in-case-of-dishonour-of.html
