Section 143 NI Act: Power of Court to try cases summarily
Negotiable Instruments Act, 1881
Section 143 NI Act at a Glance
Section 143 NI Act sets the procedure for summary trials of Chapter XVII offences before a Judicial Magistrate of the first class or a Metropolitan Magistrate, with day-to-day hearings and a 6-month completion target.
Section 143 NI Act Bare Act Text
143. Power of Court to try cases summarily.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) all offences under this Chapter shall be tried by a Judicial Magistrate of the first class or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trials:
Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year and an amount of fine exceeding five thousand rupees:
Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall after hearing the parties, record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code.
(2) The trial of a case under this section shall, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing.
(3) Every trial under this section shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint.
Amendments to this section
- Ins. by Act 55 of 2002, s. 10 (w.e.f. 6-2-2003).
Section 143 NI Act in Simple Words
Section 143 NI Act provides for the summary trial of offences under Chapter XVII of the NI Act. Under Section 143(1) NI Act, notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under Chapter XVII of the NI Act must be tried by a Judicial Magistrate of the first class or by a Metropolitan Magistrate, and the provisions of Sections 262 to 265 (both inclusive) of the Code of Criminal Procedure, 1973 apply, as far as may be, to such trials. The Act still refers to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced from 1 July 2024.
Two provisos in Section 143(1) NI Act set the limits on summary trials. Under the first proviso to Section 143(1) NI Act, in the case of any conviction in a summary trial under Section 143 NI Act, it is lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding 1 year and an amount of fine exceeding ₹5,000. Under the second proviso to Section 143(1) NI Act, when at the commencement of, or in the course of, a summary trial under Section 143 NI Act, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding 1 year may have to be passed, or that it is for any other reason undesirable to try the case summarily, the Magistrate must, after hearing the parties, record an order to that effect. Thereafter, the Magistrate must recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the Code of Criminal Procedure, 1973.
Section 143(2) NI Act requires the trial of a case under Section 143 NI Act to be continued from day to day until its conclusion, so far as practicable and consistently with the interests of justice, unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing. Under Section 143(3) NI Act, every trial under Section 143 NI Act must be conducted as expeditiously as possible and an endeavour must be made to conclude the trial within 6 months from the date of filing of the complaint. Act 55 of 2002 inserted Section 143 NI Act from 6 February 2003.
When Section 143 NI Act Applies
- Trial court and summary procedure (Section 143(1) NI Act): All offences under Chapter XVII of the NI Act must be tried by a Judicial Magistrate of the first class or by a Metropolitan Magistrate, and Sections 262 to 265 (both inclusive) of the Code of Criminal Procedure, 1973 apply, as far as may be, to such trials.
- Sentence limit in a summary trial (First Proviso to Section 143(1) NI Act): On conviction in a summary trial under Section 143 NI Act, it is lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding 1 year and an amount of fine exceeding ₹5,000.
- Switching from a summary trial (Second Proviso to Section 143(1) NI Act): When at the commencement of, or in the course of, a summary trial under Section 143 NI Act, it appears to the Magistrate that a sentence of imprisonment exceeding 1 year may have to be passed or that trying the case summarily is undesirable for any other reason, the Magistrate must, after hearing the parties, record an order to that effect, recall any witness who may have been examined, and hear or rehear the case in the manner provided by the Code of Criminal Procedure, 1973.
- Day-to-day hearing (Section 143(2) NI Act): The trial under Section 143 NI Act must, so far as practicable and consistently with the interests of justice, continue from day to day until its conclusion, unless the court finds an adjournment beyond the following day necessary for reasons recorded in writing.
- Expeditious trial and 6-month target (Section 143(3) NI Act): Every trial under Section 143 NI Act must be conducted as expeditiously as possible, and an endeavour must be made to conclude the trial within 6 months from the date of filing of the complaint.
Example of Section 143 NI Act
When Section 143 NI Act Does Not Apply
- Under the second proviso to Section 143(1) NI Act, a case is not continued as a summary trial when, at the commencement of or in the course of the summary trial, it appears to the Magistrate that a sentence of imprisonment for a term exceeding 1 year may have to be passed or that it is for any other reason undesirable to try the case summarily, and the Magistrate, after hearing the parties, records an order to that effect.
- Under Section 143(2) NI Act, the rule that the trial must continue from day to day until its conclusion does not apply when the court finds the adjournment of the trial beyond the following day to be necessary for reasons recorded in writing.
FAQs on Section 143 NI Act
What is Section 143 NI Act?▼
Section 143 NI Act empowers a Judicial Magistrate of the first class or a Metropolitan Magistrate to try offences under Chapter XVII of the NI Act summarily by applying Sections 262 to 265 of the Code of Criminal Procedure, 1973. Section 143 NI Act also sets the sentence limit for summary convictions at up to 1 year of imprisonment and a fine exceeding ₹5,000, provides for switching out of a summary trial when needed, and directs day-to-day proceedings aimed at finishing within 6 months.
Which court tries offences under Chapter XVII of the NI Act under Section 143(1) NI Act?▼
A Judicial Magistrate of the first class or a Metropolitan Magistrate. Under Section 143(1) NI Act, all offences under Chapter XVII of the NI Act are tried by a Judicial Magistrate of the first class or by a Metropolitan Magistrate, notwithstanding anything contained in the Code of Criminal Procedure, 1973.
What sentence can a Magistrate pass upon conviction in a summary trial under Section 143(1) NI Act?▼
Imprisonment for a term not exceeding 1 year and a fine exceeding ₹5,000. The first proviso to Section 143(1) NI Act makes it lawful for the Magistrate, in the case of any conviction in a summary trial under Section 143 NI Act, to pass a sentence of imprisonment for a term not exceeding 1 year and an amount of fine exceeding ₹5,000.
What happens under Section 143(1) NI Act if it appears to the Magistrate during a summary trial that a sentence of imprisonment exceeding 1 year may have to be passed?▼
The Magistrate must hear the parties, record an order, and switch from the summary trial procedure. Under the second proviso to Section 143(1) NI Act, after recording that order, the Magistrate must recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the Code of Criminal Procedure, 1973.
Can a trial under Section 143(2) NI Act be adjourned beyond the following day?▼
Yes, if the court finds the adjournment necessary and records its reasons in writing. Section 143(2) NI Act requires the trial to continue from day to day until its conclusion, so far as practicable and consistently with the interests of justice, unless the court finds an adjournment beyond the following day necessary for reasons recorded in writing.
What timeline does Section 143(3) NI Act set for concluding a trial?▼
6 months from the date of filing of the complaint, as a target. Under Section 143(3) NI Act, every trial under Section 143 NI Act must be conducted as expeditiously as possible and an endeavour must be made to conclude the trial within 6 months from the date of filing of the complaint.
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Sources: Bare Act Text, Negotiable Instruments Act, 1881 (India Code) ·