After transfer of the Magistrate, trial of an offence under section 138 of the Negotiable Instruments…

Section 143 of the Negotiable Instruments Act makes summary trial the ordinary mode for a section 138 case, and CrPC section 326(3) excludes summary trials from the rule allowing a successor Magistrate to act on evidence recorded by his predecessor; Nitinbhai Saevatilal Shah v Manubhai Manjibhai Panchal (2011) therefore held that the trial must be "conducted afresh by the new Magistrate". Continuing from the stage left by the earlier Magistrate is possible only where the evidence was in fact recorded in full rather than summarily, and a transfer of the Magistrate is never a ground to dismiss the complaint.

Current law: BNSS section 365(3) likewise excludes summary trials from the general successor-evidence provision. The actual mode of trial remains crucial; the NI Act does not make every case actually summary merely by its section number.