Complaint under Negotiable Instruments Act cannot be transferred as per the convenience of accused: Supreme Court

Supreme Court

A complaint under Section 138 of the Negotiable Instruments Act cannot be transferred as per the convenience of the accused, the Supreme Court has ruled.

However, the Single-Judge Bench of Justice Abhay S. Oka noted that in case the accused was a woman or a senior citizen, they could seek exemption from personal appearance from the concerned Trial Court.

The Apex Court passed the order recently, while dismissing a petition filed by one S. Nalini Jayanthi, seeking transfer of the complaint filed against her under Section 138.

Justice Oka directed the Trial Court to favourably consider the application, in case it was made by the petitioner, seeking grant of exemption from physical presence.

The top court of the country then observed that a judge should compel the petitioner to appear before it, only when her presence was absolutely mandatory for the conduct of the trial.

(Case title: S Nalini Jayanthi vs M. Ramasubba Reddy)

The post Complaint under Negotiable Instruments Act cannot be transferred as per the convenience of accused: Supreme Court appeared first on India Legal.



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