Transfer petition in Section 138 case dismissed; accused's convenience not a factor. Woman, senior citizen petitioner may seek exemption. The Supreme Court dismissed a transfer petition in a Section 138 case, emphasizing that the complaint cannot be transferred for the accused's convenience. ...
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Transfer petition in Section 138 case dismissed; accused's convenience not a factor. Woman, senior citizen petitioner may seek exemption.
The Supreme Court dismissed a transfer petition in a Section 138 case, emphasizing that the complaint cannot be transferred for the accused's convenience. The petitioner, a woman and senior citizen, may seek exemption from personal appearance, with the Trial Judge only requiring her presence when essential for the trial. Pending applications are to be resolved accordingly.
The Supreme Court dismissed a transfer petition in a case under Section 138 of the Negotiable Instruments Act, 1881, stating that the complaint cannot be transferred based on the accused's convenience. However, as the petitioner is a woman and a senior citizen, she can seek exemption from personal appearance. The Trial Judge shall only compel her to appear when absolutely necessary for the trial. Any pending applications shall be disposed of accordingly.
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