1. Transfer petition filed by the accused regarding a complaint under Section 138 of the Negotiable Instruments Act, 1881. (Para 1 )
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2024 Supreme(SC) 523
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
Advocates:
Advocate Appeared:
For the Petitioner: Mr. Abdulla Naseeh V.T., AOR, Ms. Abreeda Banu, Adv., Ms. Anna Oommen, Adv.
Advocate Appeared:
For the Petitioner: Mr. Abdulla Naseeh V.T., AOR, Ms. Abreeda Banu, Adv., Ms. Anna Oommen, Adv.
IMPORTANT POINT
Dishonour of cheque – At instance of accused, Court cannot issue order of transfer of complaint under Section 138 of Negotiable Instruments Act, 1881.
Headnote:
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.
Act Referred
Legal Category Hierarchy
Table of Contents
2. Accused seeking transfer of the complaint proceedings. (Para 1 )
3. The court cannot transfer a Section 138 NI Act complaint at the accused's instance, though the accused may apply for exemption from personal appearance. (Para 1 )
4. A complaint under Section 138 of the Negotiable Instruments Act, 1881, cannot be transferred at the instance of the accused. (Para 1 )
5. Transfer Petition dismissed and pending application disposed of. (Para 2 , 3 )
6. Can a complaint under Section 138 of the Negotiable Instruments Act be transferred at the instance of the accused?
No, the court cannot issue an order for the transfer of a complaint under Section 138 of the Negotiable Instruments Act, 1881, at the instance of the accused. (Para 1 )
7. What remedy is available to an accused who cannot personally appear in a Section 138 NI Act proceeding?
The accused may apply to the concerned Court for the grant of an exemption from personal appearance. (Para 1 )
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.
