Cheque Bounce Complaint Cannot Be Transferred As Per Convenience Of Accused: Supreme Court

The Supreme Court observed that a complaint under Section 138 cannot be transferred as per the convenience of the accused.

Justice Abhay S. Oka observed thus while dismissing a transfer petition filed by an accused seeking transfer of a cheque bounce complaint.

After noticing that the petitioner is a woman and a senior citizen, the judge observed that she can always seek exemption from personal appearance.

"If an application is made by the petitioner for grant of exemption, the learned trial Judge shall favorably consider the same. The Trial Judge shall compel the petitioner to appear only when her presence is absolutely mandatory for the conduct of the trial", the court said in the order.

Know the law

Section 406 CrPC deals with the Power of Supreme Court to transfer cases and appeals. It reads as follows: (1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.

Tranfer petitions are considered by single benches of the Supreme Court.

Case details

S Nalini Jayanthi vs M. Ramasubba Reddy | 2022 LiveLaw (SC) 880 | Transfer Petition(s)(Criminal) No(s). 655/2022 | 19 October 2022 | Justice Abhay S. Oka

Headnotes

Code of Criminal Procedure, 1973 ; Section 406 - Negotiable Instruments Act, 1881 ; Section 138 - Transfer Petition filed by a woman-accused seeking transfer of cheque bounce complaint - A complaint under Section 138 cannot be transferred as per the convenience of the accused - Being a woman and senior citizen, she can always seek exemption from personal appearance - Directed Trial Judge to favourable consider application if made by the petitioner for grant of exemption - The Trial Judge shall compel the petitioner to appear only when her presence is absolutely mandatory for the conduct of the trial.

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