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SC Reimagined Cheque Bounce Cases

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Judgment dated  of the Supreme Court of India in Criminal Appeal No.1755 of 2010 of Sanjabij Tari   Vs.  Kishore S. Borcar and another

Section 138 of the Negotiable Instruments Act, 1881

Salutary directions in para 36 of the judgment

  1. Service of Summons shall be served by dasti by the complainant on the accused.
  2. The trial Court shall resort to service of summons by electronic means in terms of the applicable Notifications / Rules, if any, framed under sub-sections (1) and (2) of Section 64 and Clause (i) of Section 530 and other provisions of the BNSS 2023, like Delhi BNSS (Service of Summons and Warrants) Rules, 2025.

iii.        The complainant shall, at the time of filing complaint, provide the requisite particulars email address, mobile number and/or WhatsApp number / messaging application details of the accused, duly supported by an affidavit verifying that the said particulars pertain to the accused / respondent.

  1. The Complainant shall file an affidavit of service before the Court. If such affidavit is found false, the Court shall be at liberty to take appropriate action against the complainant.
  2. The Principal District and Sessions Judge shall create and operationalise dedicated online payment facilities through secure QR codes or UPI links.
  3. The summons shall expressly mention that the accused has option to make payment of cheque at the initial stage itself. The complainant shall also be informed of such payment and upon confirmation of receipt, appropriate orders regarding release of such money and compounding / closure of proceedings under Section 147 of the NI Act and/or Section 255 of Cr PC / 278 of BNSS, 2023 may be passed by the Court.

 

vii.            Synopsis in the form prescribed in clause D of para 36 of the judgment.

viii.            There is no requirement to issue notice to the accused before taking cognizance of the complaint.

ix. The trial Court shall record cogent and sufficient reasons before converting summary trial to summons trial and ask the questions.

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