Tanisha Rana
Published on: October 29, 2022 at 17:55 IST
According to a recent ruling by the Supreme Court in the case of S. Nalini Jayanthi vs. M. Ramasubba Reddy, a complaint brought under Section 138 of the Negotiable Instruments Act cannot be transferred as per the convenience of the accused.
The petitioner in the current case, who is a woman and a senior citizen, can always ask the relevant trial Court for an exemption from personal appearance, stated Single-judge Justice Abhay S. Oka.
“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,” the order said.
The court was hearing to a plea for transfer of the complaint brought against S Nalini Jayanthi under Section 138.
According to the Court’s order, the trial judge should favourably examine any request for exemption filed by the petitioner.
The Court further stated that the trial judge may only order the petitioner to present when doing so is absolutely necessary for the trial’s conduct.
These observations led to the dismissal of the plea.
Case Title: S. Nalini Jayanthi vs. M. Ramasubba Reddy