FACTS: In this case, the petitioner has the option to apply for exemption from personal appearance before the concerned Court. An application for transfer of a complaint under Section 138 of the Negotiable Instruments Act, 1881 was filed at the instance of the accused.

ISSUE: Whether a complaint regarding dishonour of a cheque can be transferred at the request of the accused under Section 138 of the Negotiable Instruments Act, 1881?

OBSERVATION: The Supreme Court observed that the transfer of a case for the offence of dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881 cannot be sought at the behest of the accused. A vacation bench comprising Justices AS Oka and Rajesh Bindal dismissed a transfer petition filed on behalf of the accused involved in the offence under Section 138 of the NIA. The court further noted that if the accused applies for exemption from personal appearance, the trial judge should consider such applications favorably.