Mehsana Nagrik Sahkari Bank Ltd vs Shreeji Cab Co.& Ors.Etc

The Supreme Court held that in summary trial proceedings under Section 138 of the Negotiable Instruments Act, 1881, when a case is partly heard by one Magistrate and succeeded by another, the successor Magistrate must re-hear the case afresh only if the evidence was recorded in a summary manner. In this case, since the evidence was recorded in full, the High Court's order for de novo proceedings was set aside. The appeal was allowed, and the Additional Chief Judicial Magistrate was directed to continue from the current stage of the proceedings.