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Supreme Court of India

J.V. Baharuni & Anr. v. State of Gujarat & Anr.

Neutral citation
Reported as [2014] 10 S.C.R. 1061
Bench Ranjana Prakash Desai J.
Decided 16 October 2014

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

For the foregoing reasons, we allow the appeals, set aside the impugned judgments passed by the High Court and remand the matters to the High Court for consideration on C merits.

Judgment, page 39

From the headnote

Negotiable Instruments Act, 1881: s.138 rlw s.143 - Acquittal by Magistrate - High Court c remanding the cases to Magistrate for de novo trial, as evidence was recorded by one Magistrate and conviction was recorded by his successor- case u/s 138 of N.I. Act, which requires to be tried in a summary way as contemplated uls 143 of the Act, when in fact, was tried as regular summons 0 case it would not come within the purview of s.326 (3) of the Code and, as such, it need not be heard de novo and the succeeding Magistrate can follow the procedure contemplated u/s 326 (1) of the Code- In the cases

Authorities it was built on

Where later benches applied it

Of those, 1 referred to · 1 mentioned

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