Friday, March 6, 2026
Latest:
2025BankingLatestLegalSeptember 2025Supreme Court

SC Reimagined Cheque Bounce Cases

legaldeli

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.

You May Also Like

Entertainment duty on Cinema Award function & Penalty –

legaldeli

Consumer – NCDRC Important Order to give flat possession at 2008 booking rate.

legaldeli

Bombay HC Reinforces MOFA disclosures and sanctioned plans govern conveyance scope

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.

I Agree