2022 (11) TMI 283 - SCH - Indian Laws

Dishonor of cheque - Section 138 of the Negotiable Instruments Act 1881 - HELD THAT - 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. The transfer petition is dismissed.

Summary

The Supreme Court dismissed a transfer petition in a case under Section 138 of the Negotiable Instruments Act, 1881, stating that the complaint cannot be transferred based on the accused's convenience. However, as the petitioner is a woman and a senior citizen, she can seek exemption from personal appearance. The Trial Judge shall only compel her to appear when absolutely necessary for the trial. Any pending applications shall be disposed of accordingly.