Allowed

M/S G & G Pharmeceuticals and Anr. v. Rama Sharma

Punjab & Haryana HC31 May 2013CRM-M/7132/2013

Case brief

AI extract

What is this about?

In a contempt of, non-compliance with summary procedure under the Negotiable Instruments Act. The High Court accepted the petition, set aside the order dismissing the move for a de novo trial, and directed the trial court to proceed under the summary procedure as per sections 262 to 265 of the Cr.P.C.

What did the court decide?

Set aside the impugned order and direct the trial court to try the case by summary procedure under sections 262 to 265 of the Cr.P.C.

M/S G & G Pharmeceuticals and Anr. Vs Rama Sharma — Cheque Dishonour | Punjab & Haryana HC (2013)

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Crl.Misc. No.M-7132 of 2013 1

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Crl. Misc. No.M-7132 of 2013

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Date of decision : 31.05.2013

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M/s G.& G. Pharmaceuticals and anr.

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... Petitioners

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Versus

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Smt. Rama Sharma ... Respondent

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CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK

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1. Whether Reporters of Local Newspapers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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Present: Mr. Hitesh Kaplish,Advocate for the petitioners.

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Mr.Naresh Prabhakar, Advocate for the respondent.

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VIJENDER SINGH MALIK , J

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In a complaint under section 138 of the Negotiable Instruments Act, 1881(for short 'the Act'), the Magistrate holding the trial was transferred and some other officer took over in his place. In the said event, an application was filed by the respondents to start a de novo trial in the matter. The said application after taking reply has been dismissed by learned Sub

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Crl.Misc. No.M-7132 of 2013 2

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Divisional Judicial Magistrate, Phagwara vide order dated 11.01.2013. It is this order which is sought to be quashed by way of this petition brought by the accused under the provisions of section 482 Cr.P.C.

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Before learned counsel for the petitioner could argue the case, learned counsel for the respondent has conceded the issue. According to him, in a summary trial evidence recorded by one Magistrate cannot be used by his successor. He has, however, submitted that the trial should be ordered to proceed strictly in terms of sections 262 to 265 Cr.P.C.

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Under the provisions of section 143 of the Act, all offences under the Chapter have to be tried by a Judicial Magistrate of the First Class or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the Code of Criminal Procedure shall, as far as may be, apply to such trials. This is a direction to try the offences under section 138 of the Act summarily. In the case in hand, no order was made in terms of the second proviso appended to section 143 of the Act to convert the trial to summons trial. So the procedure adopted for the trial was summary procedure and deviation could not be there from the said procedure.

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Crl.Misc. No.M-7132 of 2013 3

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Now learned counsel for the respondent has also no objection if the summary procedure is adopted for trial of the case, which requires a de novo trial by the Magistrate before whom this case is pending.

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In these circumstances, I accept the petition, set aside the impugned order and direct learned trial court to try the case by summary procedure as prescribed under sections 262 to 265 (both inclusive) of the Code of Criminal Procedure. The parties are directed to appear before learned trial court on 04.07.2013.

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31.05.2013 (VIJENDER SINGH MALIK) dinesh JUDGE

M/S G & G Pharmeceuticals and Anr. v. Rama Sharma

Case brief

What is this about?

What did the court decide?

M/S G & G Pharmeceuticals and Anr. v. Rama Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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