Supreme Court - Daily Orders
S. Nalini Jayanthi vs M. Ramasubba Reddy on 19 October, 2022
Author: Abhay S. Oka
Bench: Abhay S. Oka
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 Signature Not Verified petition is Digitally signed by SONIA BHASIN Date: 2022.10.22 dismissed.
11:43:55 IST Reason:
Pending application(s), if any, shall stand disposed of.
(SONIA BHASIN) (KAMLESH RAWAT)
COURT MASTER (SH) COURT MASTER (NSH)