The court while dismissing a Transfer Petition held that even though accused is a woman and a senior citizen, the transfer of cases under Section 138 cannot be done as per the convenience of the accused.
Brief Facts:
A complaint under Section 138 of the Negotiable Instruments Act,1881 was filed against a woman who is a senior citizen. The accused has filed a transfer petition in the Court.
Order of the Court:
The Court passed an order observing that since the petitioner is a woman and a senior citizen, she is allowed to seek exemption from personal appearance and the application filed by her should be considered favorably. However, the Court categorically also held that the complaint under Section 138 of the Negotiable Instruments Act, 1881 cannot be transferred as per the convenience of the accused.
The transfer petition was dismissed by the Court but it was opined that the accused shall only be asked to appear if her appearance is absolutely mandatory for the conduct of the trial.
Cause Title: S. Nalini Jayanthi v. M. Ramasubba Reddy
Bench: Hon’ble Mr. Justice Abhay S. Oka
Decided on: 19.10.2022
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