S.138 NI Act - Cheque Dishonour Complaint Can't Be Transferred At The Instance Of Accused : Supreme Court

The Supreme Court today (June 24) observed that transfer of a case for the offence of dishonour of cheque under S. 138 of the Negotiable Instruments Act 1881 cannot be sought at the instance of the accused.

The vacation bench of Justices AS Oka and Rajesh Bindal dismissed a transfer petition sought at the behest of the accused involved in the offence under S. 138 NIA.  8. 

Justice Oka remarked that while the accused can seek for exemption from personal appearance, a transfer petition cannot be filed by him/her. 

"At the instance of the accused, we cannot issue order of transfer of a complaint under Section 138 of the Negotiable Instruments Act, 1881. The petitioner can always apply for grant of exemption from personal appearance to the concerned Court," the bench observed dismissing the petition.

"I have been a party to a dozen of such matters where I have rejected such transfer petitions," Justice Oka orally said,

On an earlier occasion as well, Justice Oka had taken an identical stand wherein the transfer petition filed by a woman senior citizen accused under S. 138 was dismissed. However, he observed that if the accused makes an application for exemption, the Trial judge shall favourably consider the same. 

Case Details: KASTHURIPANDIAN S VS. RBL BANK LIMITED DIARY NO. - 23680/2024

Citation : 2024 LiveLaw (SC) 427

Click here to read the order