Section 138 of the NI Act cannot be transferred at the accused person's convenience.

Case: S Nalini Jayanthi V/s M. Ramasubba Reddy
Court: Single-judge Justice Abhay S OKA
 
The Top Court held that a complaint under Section 138 of the Negotiable Instruments Act, cannot be transferred at the accused person's convenience.
 
Single-judge noted that in the instant case, the petitioner being a senior citizen woman can always seek exemption from personal appearance from the concerned trial Court.
 
The SC was hearing a plea by one S Nalini Jayanthi seeking transfer of section 138 of the NI Act complaint.
 
In its order, the Court stated that a trial judge should favorably consider the petitioner's application for exemption. The Court further said that the trial judge shall make the petitioner appear only when her presence is unquestionably mandatory for the trial.
 
Because of these observations, the plea was dismissed.