S. NALINI JAYANTHI v. M. RAMASUBBA REDDY

ITEM NO.1619 COURT NO.3 SECTION XVI-A

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)