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J. V. Baharuni & Anr. vs. State of Gujarat & Anr. (SC)

32.00 3.20

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Negotiable Instruments Act, 1881–Sec. 138–Code of Criminal Procedure, 1973–Sec. 326(3)–Case which requires to be tried in a summary way as contemplated u/s. 143, was tried as a regular summon case–Whether it would come in the preview of Sec. 326(3) ?–Held, no–It need not be heard de-novo and the succeeding Magistrate can follow the procedure contemplated u/s. 326(1).