A Single bench of the Supreme Court consisting of Justice Abhay S. Oka recently on 19.10.2022 dismissed a Criminal Transfer Petition which sought for transfer of a criminal complaint made by the complainant under section 138 of the Negotiable Instruments Act, 1881 observing that "A complaint under Section 138 cannot be transferred as per the convenience of the accused"

Justice Abhay S. oka observed that the petitioner who has sought transfer of the petition is a senior citizen woman still the complaint cannot be transferred but since she is an old-aged lady 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.

Case details:-

Transfer Petition(s)(Criminal) No(s). 655/2022
S. NALINI JAYANTHI    ...Petitioner(s)
 VERSUS
M. RAMASUBBA REDDY    ...Respondent(s)

Read the complete order on the following link:-

https://main.sci.gov.in/supremecourt/2022/30421/30421_2022_3_1619_39245_Order_19-Oct-2022.pdf