2013 (7) TMI 1192

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....nt: Aparna Bhat, Adv. ORDER 1. Leave granted. Heard Mr. Huzefa Ahmadi, learned senior counsel appearing for the Appellants and Mr. Shamik Sanjanwala, learned Counsel appearing for the Respondents. 2. The only question raised in this appeal is as to whether the High Court should have stayed the trial by relying upon the judgment of this Court in Nitinbhai Saevatilal Shah and Anr. v. Manubh....

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....ed on an entirely different premise and disposed of the application filed by the Respondents noting that the evidence in the matter had come to be recorded by Additional Chief Judicial Magistrate, Mehsana. The proceeding Under Section 138 of the Negotiable Instruments Act is a summary trial proceeding. Hence, the concerned successor Magistrate had to record the evidence de novo and any order passe....

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....into by another Magistrate de novo, in the present case because, in fact, the evidence had not been recorded in a summary manner, but it was recorded in full. Mr. Sanjanwala, learned Counsel appearing for the Respondents, on the other hand, submits that the law laid down in Nitinbhai Saevatilal Shah and Anr. v. Manubhai Manjibhai Panchal and Anr. (AIR 2011 SC 3076) (supra) be followed. 4. We ha....