Case title:
Kasthuripandian S v. RBL Bank Limited
Date of Order:
24-06-2024
Bench:
Vacation Bench
The Honourable Mr. Justice Abhay S. Oka
The Honourable Mr Justice Rajesh Bindal
Parties:
Petitioner: Kasthuripandian S
Versus
Respondents: RBL Bank Limited
SUBJECT
Supreme Court of India, Rules Accused Cannot Request Case Transfer for Cheque Dishonour Offence under Section 138 of the Negotiable Instruments Act of 1881. The transfer petition on the part of the accused will not be considered, but the exemption from the personal appearance of the accused in the concerned court can be granted if applicable.
IMPORTANT PROVISIONS
- Section 138 of the Negotiable Instruments Act, 1881: According to this section, issuing a cheque that bounces owing to inadequate money or violating account restrictions is a criminal offence. The punishment can include up to two years in jail, a fine of up to double the cheque amount, or both. The following conditions should be fulfilled to constitute an offence under this Section:
(a) If the cheque has been presented to the bank within the period of its validity or within six months, whichever is earlier;
(b) the payee gives the notice in writing to the drawer of the cheque regarding the unpaid cheque within thirty days from the receipt of the information from the bank and
(c) the drawer of the cheque fails to pay the payee or the holder of the cheque within 15 days of the receipt notice.
OVERVIEW (Brief Facts)
The court heard the counsel’s petition and made the order for the present case. The counsel pleaded for transferring a complaint under Section 138 of the Negotiable Instruments Act of 1881.
ISSUES RAISED
Whether the complaint under Section 138 of the Negotiable Instruments Act of 1881 transferred at the convenience of the accused.
COURT ORDER
The court ordered that the complaint under Section 138 of the Negotiable Instruments Act of 1881 couldn’t be transferred on the part of the accused. The court observed that the accused can apply for the exemption for personal appearance in the concerned court.
CONCLUSION
In Conclusion, the transfer petition was dismissed, and the court ordered that the complaint couldn’t be transferred to the accused's account under Section 138 of the Negotiable Instruments Act of 1881. This ensures the protection of the complainant’s rights, preventing abuse of process and ensuring that the original jurisdiction of the court where the cheque has been bounced is maintained.
