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SUPREME COURT OF INDIA
ABHAY S. OKA, RAJESH BINDAL, JJ.
Kasthuripandian S. – Petitioner
Versus
RBL Bank Limited – Respondent
Transfer Petition(s)(Criminal) No(s). 515 of 2024
Decided On : 24-06-2024
Negotiable Instruments Act, 1881 – Section 138 – Criminal Procedure Code, 1973 – Sections 406 and 205 – Dishonour of cheque – At instance of accused, Court cannot issue order of transfer of complaint under Section 138 of Negotiable Instruments Act, 1881 – Petitioner can always apply for grant of exemption from personal appearance to concerned Court. (Para 1)
Result : Transfer Petition dismissed.
ORDER :
1. At the instance of the accused, we cannot issue order of transfer of a complaint under Section 138 of the Negotiable Instruments Act, 1881. The petitioner can always apply for grant of exemption from personal appearance to the concerned Court.
2. Subject to what is observed above, the Transfer Petition is dismissed.
3. Pending application stands disposed of accordingly.
Dishonour of cheque – At instance of accused, Court cannot issue order of transfer of complaint under Section 138 of Negotiable Instruments Act, 1881.
A trial court's jurisdiction in complaints under Section 138 must be contested before the magistrate, who can return complaints to the appropriate court if needed.
The court clarified that a complaint under Section 138 of the N.I. Act should be decided by the original court when jurisdiction is not contested, setting aside the transfer order.
In terms of Section 407 Cr.P.C court can exercise jurisdiction for transferring cases.
Transfer petitions dismissed when grounds like short adjournments and failed self-initiated settlements lack merit and do not show bias.
The court underscores the importance of allowing an accused to surrender and apply for bail while ensuring the law is faithfully followed in such processes.
The court's decision emphasized that the absence of justifiable grounds for transfer, the presiding officer's judicial conduct, and the petitioner's own actions influenced the dismissal of the transf....
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