Complaint U/s. 138 Of Negotiable Instruments Act Cannot Be Transferred As Per Accused's Convenience- Supreme Court
The Supreme Court while dismissing a Transfer Petition stated that a complaint under Section 138 of the Negotiable Instruments Act, 1881 cannot be transferred as per the convenience of the accused.
Justice Abhay S. Oka dismissed the petition filed by an accused seeking transfer of a complaint of cheque dishonor/ cheque bounce. The Court noted –
"A complaint under Section 138 cannot be transferred as per the convenience of the accused. However, the petitioner is a woman and a senior citizen. Therefore, she can always seek exemption from personal appearance."
Advocate Ashwin Kotemath appeared on behalf of the petitioner.
The petitioner was accused in a complaint filed by the respondent invoking Section 138 of the Negotiable Instruments Act 1881. She was a senior citizen.
The Apex Court observed –
"If an application is made by the petitioner for grant of exemption, the learned trial Judge shall favorably consider the same. The Trial Judge shall compel the petitioner to appear only when her presence is absolutely mandatory for the conduct of the trial."
Hence, the Court dismissed the transfer petition and disposed of the pending applications.
Cause Title – S. Nalini Jayanthi v. M. Ramasubba Reddy