Complaint under Section 138 of Negotiable Instruments Act cannot be transferred as per convenience of accused: SC

S. Nalini Jayanthi Vs M. Ramasubba Reddy (Supreme Court of India)

Supreme Court held that a complaint under Section 138 of the Negotiable Instruments Act cannot be transferred as per the convenience of the accused. However, as the petitioner is a woman and a senior citizen. Therefore, she can always seek exemption from personal appearance.

FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER

Heard the learned counsel appearing for the petitioner.

The petitioner is an accused in a complaint filed by the respondent invoking Section 138 of the Negotiable Instruments Act, 1881. 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. 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. Subject to the above direction, the transfer petition is dismissed.

Pending application(s), if any, shall stand disposed of