Supreme Court of India Clarifies Position on Transfer of Cheque Dishonour Cases
In a notable ruling, the Supreme Court of India has declared that an accused in a cheque dishonour case cannot seek the transfer of the complaint filed under Section 138 of the Negotiable Instruments Act, 1881. This judgment, delivered on June 24, 2024, by a vacation bench comprising Justice Abhay S. Oka and Justice Rajesh Bindal, brings clarity to a significant legal issue.
The case, titled "Kasthuripandian S vs. RBL Bank Limited (Transfer Petition (Criminal) No. 515/2024)," arose from a transfer petition filed by Kasthuripandian S against RBL Bank Limited.
Background of the Case
Kasthuripandian S had approached the Supreme Court seeking to transfer a complaint filed under Section 138 of the Negotiable Instruments Act, which addresses the offence of cheque dishonour due to insufficient funds. The specifics of the original complaint and the lower court proceedings were not detailed in the court order.
Legal Issues Involved
The central legal question was whether an accused in a cheque dishonour case has the right to request the transfer of the complaint to another court. This issue touches on broader themes of jurisdiction and the rights of the accused.
Court's Decision and Observations
In a succinct yet significant order, the Supreme Court stated:
"At the instance of the accused, we cannot issue an order of transfer of a complaint under Section 138 of the Negotiable Instruments Act, 1881."
This decision firmly establishes that the accused does not have the right to seek the transfer of a cheque dishonour case. It upholds the principle that the complainant typically has the prerogative to choose the forum, and the accused cannot arbitrarily demand a change of venue.
However, the court did acknowledge the potential hardships an accused might face in attending court proceedings. It noted:
"The petitioner can always apply for a grant of exemption from personal appearance to the concerned court."
This suggestion provides a practical recourse for the accused, allowing them to seek exemption from personal appearance, thereby easing the burden of attending court sessions.
Based on these observations, the Supreme Court dismissed the transfer petition and disposed of the pending application, likely the IA No. 124874/2024 for ex parte stay.
This ruling clarifies an important aspect of the legal process in cheque dishonour cases, emphasizing the rights and limitations of the accused while ensuring that the complainant's choice of forum is respected.
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