Section 138 NI Act: SC dismisses a transfer petition stating that transfer of Dishonor of Cheque case cannot be sought at the instance of the accused

In a recent order, the Supreme Court (SC) of India dismissed a transfer petition observing that the transfer of a case for an offence under Section 138 of the Negotiable Instrument Act (NI Act), dishonor of cheque, cannot be sought at the instance of the accused. The vacation bench consisting of Justice Abhay S Oka and Justice Rajesh Bindal was hearing the matter and passed an order on June 24 (Monday). The order reads, “At the instance of the accused, we cannot issue the order of transfer of a complaint under Section 138 of the Negotiable Instruments Act, 1881. The petitioner can always apply for grant of exemption from personal appearance to the concerned Court.” Therefore, the bench dismissed the transfer petition and Justice Oka orally remarked, “I have been a party to a dozen of such matters where I have rejected such transfer petitions.”