Dishonour of cheque

Criminal Procedure Code, 1973, Section 326(3), Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Magistrate transferred after recording evidence - Successor Magistrate has to try the case do novo in a summary trial - Successor Magistrate cannot act on the evidence recorded by his predecessor either in whole or in part in a summary trial - Consent of parties as to having no objection to proceed on basis of evidence recorded by predecessor is misconceived - Parties by consent cannot confer jurisdiction where there exists none on a Court of law nor can they divest a Court of jurisdiction which it possesses under the law - Order of conviction passed by successor Magistrate and upheld by High Court set aside and retrial ordered in accordance with law.

Criminal Procedure Code, 1973, Section 179, 180, Criminal Procedure Code, 1973, Section 326(3), Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Parties by consent cannot confer jurisdiction where there exists none nor can they divest a Court of jurisdiction which it possessed under the law.