1. Complaint under Section 138 of the Negotiable Instruments Act, 1881 — Petition for transfer of proceedings. (Para 2 )
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2022 Supreme(SC) 1683
SUPREME COURT OF INDIA
Abhay S. Oka, J.
S. Nalini Jayanthi – Appellant
Versus
M. Ramasubba Reddy – Respondent
Transfer Petition(s)(Criminal) No(s). 655 of 2022
Decided On : 19-10-2022
Advocates appeared:
Mr. Ashwin Kotemath, Advocate, (V.C.), Mr. Harisha S.R., Advocate, For the Appellant.
Mr. Ashwin Kotemath, Advocate, (V.C.), Mr. Harisha S.R., Advocate, For the Appellant.
The court balanced the provisions of Section 138 of the Negotiable Instruments Act, 1881 with the petitioner's right to seek exemption from personal appearance based on her status as a woman and a senior citizen.
Headnote:
Fact of the Case:
The petitioner, an accused in a complaint invoking Section 138 of the Negotiable Instruments Act, 1881, sought transfer of the complaint citing personal reasons.
Finding of the Court:
The court held that a complaint under Section 138 cannot be transferred solely for the convenience of the accused, but granted the petitioner, a woman and a senior citizen, the right to seek exemption from personal appearance.
Issues: Transfer of Complaint, Exemption from Personal Appearance
Ratio Decidendi: The court emphasized that while a complaint under Section 138 cannot be transferred for the convenience of the accused, special consideration should be given to the petitioner's status as a woman and a senior citizen, allowing her to seek exemption from personal appearance.
Final Decision: The transfer petition was dismissed, with the direction for the trial Judge to favorably consider the petitioner's application for exemption from personal appearance.
Act Referred
Legal Category Hierarchy
Table of Contents
2. Transfer of proceedings based on the convenience of the accused. (Para 2 )
3. Consideration of the accused's status as a woman and senior citizen for granting exemption from personal appearance. (Para 2 )
4. Proceedings under Section 138 of the Negotiable Instruments Act cannot be transferred based on the convenience of the accused. (Para 2 )
5. Transfer petition dismissed — Trial Judge directed to favorably consider applications for exemption from personal appearance. (Para 2 )
6. Can a complaint under Section 138 of the Negotiable Instruments Act be transferred for the convenience of the accused?
No, a complaint under Section 138 of the Negotiable Instruments Act cannot be transferred based on the convenience of the accused. (Para 2 )
7. May a woman or senior citizen accused in a Section 138 proceeding be exempted from personal appearance?
Yes, a woman or senior citizen may seek exemption from personal appearance, which the trial judge should favorably consider, compelling appearance only when absolutely mandatory for the conduct of the trial. (Para 2 )
ORDER
1. Heard the learned counsel appearing for the petitioner.
2. 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.
3. Pending application(s), if any, shall stand disposed of.
