Complaint u/s 138 NI Act cannot be transferred as per convenience of accused: Supreme Court
The Top Court, considering the age of the petitioner seeking transfer, has allowed her to seek exemption from physical appearance.
The Supreme Court last week, held that a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, cannot be transferred as per the convenience of the accused.
Section 138 deals with dishonour/ bouncing of cheque for insufficiency, etc., of funds in the account of the payee.
With this view, a single judge bench of Justice Abhay S Oka dismissed a transfer petition filed by an accused under Section 138 NI Act.
However, noting that the petitioner was a woman and a senior citizen, Court added that she could always seek exemption from personal appearance.
"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", the bench ordered.
With such a direction, court dismissed the petition and pending applications by the petitioner.
Case Title: S. NALINI JAYANTHI vs. M. RAMASUBBA REDDY