2906crn456.10.odt 1/2 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 456 OF 2010 (Satyajeet Bhaskarrao Wankhade Vs. Nishant Sahakari Gramin Pat ... & another) ........................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ........................................................................................................................................................................... Mr. A. S. Chandurkar, Advocate for the applicant. Mrs. T. D. Khade, A. P. P. for the State. ....... CORAM : R. M. BORDE, J. DATED : 29TH JUNE 2010 The learned trial Magistrate has directed the trial under Section 138 of the Negotiable Instruments Act to be conducted in a summary manner as contemplated by Chapter XXI of the Code of Criminal Procedure. Initially, after the presentation of the complaint, it appears that the Magistrate had directed to register the case as a regular criminal proceedings and trial was directed to be proceeded. However, during the passage of time, the Magistrate was invested with the summary trial powers, and therefore, the Magistrate, on consideration of provisions of the Negotiable Instrument Act, has directed to register the case as a summary case and proceeded with the trial. The order passed by the learned Magistrate on 05/9/2005 is subjected to challenge in the instant application. The trial Court, after considering the rival 2906crn456.10.odt 2/2 contentions, overruled the objection raised by the accused. The order passed by the Magistrate at the interlocutory stage was subjected to challenge in the revision application, however, the revision application tendered by the accused also came to be dismissed by the Sessions Judge on 07/01/2010. I have perused the order passed by both the Courts below. In view of the provisions of Section 143 of the Negotiable Instruments Act, the complaint presented for the offence punishable under Section 138 of the Negotiable Instruments Act is required to be tried as summary case and the Magistrate, invested with powers to try summary trials, has directed to register the case as summary case and as such the impugned order is passed by the Magistrate. I do not find the trial Court has committed any illegality or irregularity in passing the impugned order. Even otherwise, in view of the interlocutory nature of proceedings under challenge, no interference is called for. There is no merit in the application, the same is therefore, rejected. JUDGE wwl