MEHSANA NAGRIK SAHKARI BANK LTD. vs SHREEJI CAB CO.& ORS.ETC.

The Supreme Court held that in a summary trial under Section 138 of the Negotiable Instruments Act, 1881, when a second Magistrate succeeds a first who has partly heard the case, the second 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 a fresh recording of evidence was set aside. The Court directed the Additional Chief Judicial Magistrate, Mehsana, to proceed from the current stage of the trial, rejecting the respondents' application to add another party to the complaint.