Summary Trial, Service of Summons and Evidence (Sections 143 to 146)

Section 138 cases are meant to be tried quickly. The 2002 amendment added four procedural provisions for that purpose: summary trial (Section 143), simplified service of summons (Section 144), evidence on affidavit (Section 145) and a presumption of dishonour from the bank's memo (Section 146). The Supreme Court has added detailed directions in Indian Bank Association v. Union of India (2014), the 2021 Constitution Bench proceedings and Sanjabij Tari (2025). This note explains the provisions and the directions.

1. Summary Trial (Section 143)

• Summary procedure: all offences under Chapter XVII are to be tried by a Judicial Magistrate of the First Class or Metropolitan Magistrate, applying the summary trial provisions of the criminal procedure code "as far as may be".
• Sentence limits: on conviction in a summary trial, the Magistrate may impose imprisonment not exceeding one year and a fine exceeding Rs. 5,000, notwithstanding the general limits on summary trials.
• Conversion to summons trial: if it appears that a sentence above one year may be needed, or that summary trial is otherwise undesirable, the Magistrate must hear the parties, record an order to that effect, and proceed as in a regular trial. Conversion must not be mechanical; reasons must be recorded (In re Expeditious Trial, 2021).
• Day-to-day trial: the trial should continue from day to day, and the court should endeavour to conclude it within six months of the filing of the complaint.

2. Service of Summons (Section 144)

• Speed post and courier: the Magistrate may direct service at the accused's residence or place of business by speed post or by an approved courier.
• Deemed service: an acknowledgment purporting to be signed by the accused, or an endorsement by the postal or courier agent that he refused delivery, allows the court to declare the summons duly served.
• Electronic service: the Supreme Court has directed that summons may also be served by email, WhatsApp and other electronic means permitted under the BNSS, and by dasti (hand) service through the complainant (Sanjabij Tari, 2025; see also Indian Bank Association, 2014).

3. Evidence on Affidavit (Section 145)

• Complainant's evidence: the complainant may give his evidence on affidavit, which may be read in any inquiry, trial or other proceeding, subject to all just exceptions (Section 145(1)).
• Examination: the court may, and on the application of the prosecution or the accused shall, summon and examine the person who gave the affidavit (Section 145(2)), allowing cross-examination.
• Pre-summoning stage: the affidavit may be used at the stage of verification before summons, and in the inquiry under the code where the accused lives outside jurisdiction (Mandvi Co-operative Bank v. Nimesh B. Thakore, 2010; In re Expeditious Trial, 2021).
• Accused's evidence: Section 145(1) speaks of the complainant; the accused has no right to give his own evidence on affidavit under it (Mandvi Co-operative Bank).

4. Bank's Memo as Evidence (Section 146)

On production of the bank's slip or memo bearing the official mark that the cheque has been dishonoured, the court shall presume the fact of dishonour, unless it is disproved. The bank official need not be summoned merely to prove the dishonour.

5. Supreme Court Directions on Trial

• Plea and questioning: at the first appearance, the Magistrate should question the accused under Section 251 of the CrPC (Section 274 of the BNSS) and record his plea and defence, and may treat his answers as material for the trial (Indian Bank Association; Sanjabij Tari).
• Settlement first: courts should encourage compounding and settlement at the earliest stage, including through online payment links or QR codes set up in district courts (Sanjabij Tari; Topic 51).
• Single trial: the Constitution Bench recommended an amendment to allow one trial for Section 138 offences arising from the same relationship within 12 months, and directed that service in one case operate for related cases (In re Expeditious Trial, 2021).

6. Related Topics and Provisions

• Cognizance and limitation (Topic 47)
• Interim compensation and appeal deposit (Topic 50)
• Compounding (Topic 51)