Negotiable Instruments Act, 1881–Sec. 138–Speedy Trial–Certain directions–Issued–
(A) In all cases filed u/s. 138 of the Act, service of summons shall not be confined through prescribed usual mode but shall also be issued dasti, i.e. summons shall be served upon the accused by the complainant in addition–The Trial Courts shall further resort to service of summons by electronic means in terms of the applicable Notifications /Rules, if any.
(b)The complainant shall file an affidavit of service before the Court–In the event, such affidavit is found to be false, the Court shall be at liberty to take appropriate action against the complainant in accordance with law.
(c) In order to facilitate expeditious settlement of cases u/s. 138, the Principal District and Sessions judge of each District Court shall create and operationalise dedicated online payment facilities through QR Code or UPI links.
(d) Each and every complaint u/s. 138 shall contain a synopsis in a format which shall be filed immediately after the index (at the top of the file) i.e. prior to the formal complaint.
(e) There is no need for the Magistrate to issue summons to the accused before taking cognizance (u/s. 223 of BNSS) of the complaint filed u/s. 138.
(f) Trial Court shall record cogent and sufficient reasons before converting a summary trial to a summons trial.
(g) The Court shall record the responses to the questions in the order sheet in the presence of the accused and his/her counsel and thereafter, determine whether the case is fit to be tried summarily.
(h) Whenever the Trial Court deems it appropriate, it shall use its powers to order payment of the interim deposit as early as possible u/s. 143A.
(i) The High Courts shall ensure that after service of summons, the matters are placed before the physical Courts–Exemption from personal appearance should be granted only when facts so warrant.
(j) The High Court should ensure that the pecuniary limit of cheque amount is realistic–The High Court should forthwith issue practice directions and set up realistic pecuniary benchmarks for evening Courts.
The High Courts and District Courts shall implement the guidelines not later than 1st November, 2025.
