In a recent ruling, the Supreme Court declared that cases of cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881, cannot be transferred at the request of the accused. The decision came from a vacation bench comprising Justices AS Oka and Rajesh Bindal, who dismissed a petition seeking such a transfer.
Justice Oka noted that while the accused is entitled to request exemption from personal appearances, they are not permitted to initiate a transfer of the complaint. “At the instance of the accused, we cannot issue an order to transfer a complaint under Section 138 of the Negotiable Instruments Act, 1881. The petitioner can always apply for exemption from personal appearance to the concerned court,” he stated, rejecting the petition.
Justice Oka also highlighted his consistent stance on this issue, mentioning, “I have been a party to a dozen such matters where I have rejected transfer petitions.” He referenced a previous case involving a senior citizen accused under Section 138, where a similar petition was dismissed. However, he emphasized that trial judges should consider exemption requests favorably if made by the accused.
This ruling reinforces the procedural boundaries within which accused individuals must operate in cheque dishonour cases, emphasizing the court’s position on maintaining the integrity of the legal process.
