Major Guidelines issued by the Hon’ble Supreme Court in Section 138 NI Act cases:

News By TIRTHANKAR MUKHERJEE

Service of Summons – Apart from the usual modes, summons can also be served dasti (through the complainant) and by electronic means such as email, mobile number, or WhatsApp, provided the complainant files an affidavit authenticating the details.

Mandatory Particulars in Complaints – Every complaint must contain necessary and clear particulars, including details of the parties, cheque, dishonour, statutory notice, and cause of action.

Online Payment Facility – District Courts have been directed to develop secure online payment facilities (QR codes/UPI links) so that the accused can pay the cheque amount at the earliest stage to encourage speedy settlement.

Standardized Complaint Format – All complaints under Section 138 should follow a uniform format, ensuring consistency and clarity.

Revised Compounding Guidelines – Revisiting the Damodar S. Prabhu (2010) guidelines, the Court reduced costs for compounding. If the accused makes payment before recording of evidence, no cost or penalty will be imposed, thereby encouraging early resolution.

Case Monitoring – Chief Justices of Delhi, Bombay, and Calcutta have been asked to constitute administrative committees to oversee pendency of Section 138 cases. District & Sessions Judges must also maintain dedicated dashboards with monthly reviews.

Clarification on Income Tax Act – The Court clarified that Section 269 of the Income Tax Act does not bar filing of complaints under Section 138 NI Act.