Case Note & Summary
The judgment pertains to a transfer petition filed by the accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881. The accused sought transfer of the complaint from one court to another. The Supreme Court observed that at the instance of the accused, it cannot issue an order of transfer of a complaint under Section 138 of the Negotiable Instruments Act, 1881. The Court noted that the petitioner can always apply for grant of exemption from personal appearance to the concerned court. Consequently, the transfer petition was dismissed, and pending applications were disposed of accordingly.
Headnote
A) Criminal Procedure - Transfer of Complaint - Section 138 Negotiable Instruments Act, 1881 - Transfer at instance of accused - Court held that it cannot issue order of transfer of a complaint under Section 138 of the Negotiable Instruments Act, 1881 at the instance of the accused - The petitioner may apply for exemption from personal appearance to the concerned court (Para 1)
Issue of Consideration
Whether a transfer petition under Section 138 of the Negotiable Instruments Act, 1881 can be filed by the accused for transfer of a complaint
Final Decision
Transfer petition dismissed. Accused may apply for exemption from personal appearance to concerned court.
Law Points
- Transfer of complaint under Section 138 NI Act cannot be ordered at the instance of accused
- Accused may seek exemption from personal appearance from concerned court
