Delhi High Court has issued new practice directions to fast-track cheque bounce case disposal, following the Supreme Court’s Sanjibji Tari judgment, introducing digital summons, QR code and UPI payment options, and stricter timelines to reduce pendency across Delhi courts.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Delhi High Court issued a detailed set of Practice Directions to streamline the trial and disposal of cheque bounce cases under Section 138 of the Negotiable Instruments (NI) Act, 1881.
These directions follow the Supreme Court’s judgment dated 25 September 2025 in Criminal Appeal No. 1755/2010 titled Sanjibji Tari vs. Kishore S. Borcar and Anr, which highlighted the “massive backlog of cheque bouncing cases” and the continued delay caused by the difficulty in serving summons on accused persons.
ALSO READ: Cheque Bounce Cases: New Supreme Court Guidelines
The High Court, acting under the instructions of the Hon’ble Chief Justice, stated that,
“The purpose of punishment under the NI Act is not a means of seeking retribution but is more a means to ensure payment of money and to promote credibility of cheques as a trustworthy substitute for cash payment.”
In furtherance of this objective, the High Court directed the following for compliance by all concerned:
Service of Summons through Electronic and Dasti Means
In all cases filed under Section 138 of the NI Act, summons shall not be limited to the prescribed usual modes of service but shall also be issued dasti, meaning served personally by the complainant, in addition to regular modes.
The Trial Courts have also been instructed to resort to service of summons through electronic means as per the Delhi BNSS (Service of Summons and Warrants) Rules, 2025, framed under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The complainant, at the time of filing the complaint, must provide the email address, mobile number, and/or WhatsApp or other messaging details of the accused, supported by an affidavit verifying that such details genuinely belong to the accused or respondent.
Affidavit of Service Mandatory
The complainant shall be required to file an affidavit of service before the Court.
The Practice Directions state,
“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,”
QR Code/UPI Payment for Early Settlement
To facilitate faster settlement of cheque bounce disputes, the Principal District and Sessions Judges of every district court in Delhi have been directed to create secure online payment facilities using QR codes or UPI links.
The summons itself must mention that the accused has the option to make payment of the cheque amount directly through this link at the initial stage.
Once the complainant confirms receipt of the payment, the court may pass suitable orders regarding the release of money and compounding or closure of the proceedings under Section 147 of the NI Act.
Synopsis Format for Every Complaint
Each complaint under Section 138 must include a short synopsis immediately after the index, placed at the top of the file before the formal complaint.
No Summons at Pre-Cognizance Stage
The High Court clarified that “there shall be no requirement to issue summons to the accused in terms of Section 223 of BNSS, i.e., at the pre-cognizance stage.”
Conversion to Summons Trial Only with Reasons
Trial Courts must record sufficient reasons before converting a summary trial into a summons trial.
To help this process, the Trial Court is empowered, at the initial post-cognizance stage, to ask specific questions under Section 251 Cr.P.C. / Section 274 BNSS, 2023, such as:
(i) Do you admit that the cheque belongs to your account? Yes/No
(ii) Do you admit that the signature on the cheque is yours? Yes/No
(iii) Did you issue/deliver this cheque to the complainant? Yes/No
(iv) Do you admit that you owed liability to the complainant at the time of issuance? Yes/No
(v) If you deny liability, state clearly the defence:
(a) Security cheque only;
(b) Loan repaid already;
(c) Cheque altered/misused;
(d) Other (specify).
(vi) Do you wish to compound the case at this stage? Yes/No
The responses to these questions must be recorded in the order sheet in the presence of the accused and their counsel. Based on the answers, the court will determine whether the matter should continue as a summary trial under Chapter XXI of the Cr.P.C. or Chapter XXII of the BNSS, 2023.
Early Interim Deposit
The High Court also directed that wherever necessary, the Trial Court “shall use its power to order payment of interim deposit as early as possible under Section 143A of the NI Act.”
Personal Appearance Exemptions Only When Warranted
Trial Courts have been asked to grant exemptions from personal appearance of the accused only when the facts clearly justify such relief.
Dashboard to Track Progress of NI Act Cases
In a first-of-its-kind step, each Principal District and Sessions Judge in Delhi must maintain a dedicated dashboard to monitor all cases under Section 138 of the NI Act. The dashboard will display data on:
- total pending cases,
- monthly disposal rates,
- percentage of settled or compounded cases,
- average adjournments per case, and
- stage-wise breakup of pending matters.
Principal District and Sessions Judges are required to conduct monthly reviews of Magistrates handling NI Act matters and submit quarterly consolidated reports to the High Court.
These directions, coming in the wake of the Supreme Court’s observations in Sanjibji Tari vs. Kishore S. Borcar and Anr, aim to make cheque bounce litigation more efficient, transparent, and digitally enabled —marking a significant reform in the way financial disputes are handled in trial courts across Delhi.
READ ATTACHMENT
