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    <title>2021 (11) TMI 275 - GUJARAT HIGH COURT</title>
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    <description>A revisional direction for a de novo trial in a section 138 Negotiable Instruments Act complaint was held unsustainable where the case had been conducted as a summons trial, the accused had participated without timely objection, and the proceedings had substantially advanced on merits. The absence of a specific order under section 143 did not justify nullifying the trial, because any procedural defect was curable and no prejudice was shown. The de novo order was set aside, the trial court&#039;s refusal to order a fresh trial was restored, and the matter was allowed to continue from the stage then reached for expeditious disposal.</description>
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      <description>A revisional direction for a de novo trial in a section 138 Negotiable Instruments Act complaint was held unsustainable where the case had been conducted as a summons trial, the accused had participated without timely objection, and the proceedings had substantially advanced on merits. The absence of a specific order under section 143 did not justify nullifying the trial, because any procedural defect was curable and no prejudice was shown. The de novo order was set aside, the trial court&#039;s refusal to order a fresh trial was restored, and the matter was allowed to continue from the stage then reached for expeditious disposal.</description>
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