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

The Supreme Court has ruled that an accused in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, cannot seek transfer of the case. A vacation bench of Justices AS Oka and Rajesh Bindal dismissed a transfer petition filed by the accused, stating that while exemption from personal appearance can be sought, a transfer petition cannot be filed by the accused. \r

Justice Oka emphasized that the Court cannot issue an order transferring a complaint under Section 138 at the instance of the accused. However, the accused can apply for exemption from personal appearance, which the Trial Court shall consider favourably. \r

This ruling is consistent with Justice Oka's previous stance, where he had dismissed a similar transfer petition filed by a senior citizen accused under Section 138. The decision clarifies the procedure for accused individuals in cheque dishonour cases.