ITEM NO.1619 COURT NO.3 SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Criminal) No(s). 655/2022
S. NALINI JAYANTHI Petitioner(s)
VERSUS
M. RAMASUBBA REDDY Respondent(s)
(FOR ADMISSION and IA No.150079/2022-STAY APPLICATION and IA
No.150080/2022-EXEMPTION FROM FILING O.T. )
Date : 19-10-2022 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA
For Petitioner(s) Mr. Ashwin Kotemath, Adv. (V.C.)
Mr. Harisha S.R., AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Heard the learned counsel appearing for the petitioner.
The petitioner is an accused in a complaint filed by the
respondent invoking Section 138 of the Negotiable Instruments Act,
1881. A complaint under Section 138 cannot be transferred as per
the convenience of the accused. However, the petitioner is a woman
and a senior citizen. Therefore, 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. Subject to the above direction, the transfer
petition is dismissed.
Pending application(s), if any, shall stand disposed of.
(SONIA BHASIN) (KAMLESH RAWAT)
COURT MASTER (SH) COURT MASTER (NSH)