Section 144 NI Act: Mode of service of summons

Negotiable Instruments Act, 1881

Section 144 NI Act at a Glance

Section 144 NI Act allows a Magistrate in a Chapter XVII cheque dishonour proceeding to direct service of summons on an accused or a witness by speed post or Court of Session approved courier, and to declare service complete upon signed acknowledgment or refusal.

Section 144 NI Act Bare Act Text

144. Mode of service of summons.

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) and for the purposes of this Chapter, a Magistrate issuing a summons to an accused or a witness may direct a copy of summons to be served at the place where such accused or witness ordinarily resides or carries on business or personally works for gain, by speed post or by such courier services as are approved by a Court of Session.

(2) Where an acknowledgment purporting to be signed by the accused or the witness or an endorsement purported to be made by any person authorised by the postal department or the courier services that the accused or the witness refused to take delivery of summons has been received, the Court issuing the summons may declare that the summons has been duly served.

Section 144 NI Act in Simple Words

Section 144 NI Act sets out how a summons may be served on an accused person or a witness for the purposes of Chapter XVII of the Negotiable Instruments Act, 1881. Under Section 144(1) NI Act, regardless of anything in the Code of Criminal Procedure, 1973, a Magistrate issuing a summons may direct that a copy of the summons be served by speed post or by courier services approved by a Court of Session. The copy may be sent to the place where the accused or the witness ordinarily resides, carries on business, or personally works for gain.

Under Section 144(2) NI Act, the court issuing the summons may declare that the summons has been duly served in two situations. The first is when the court receives an acknowledgment purporting to be signed by the accused or the witness. The second is when the court receives an endorsement purporting to be made by a person authorised by the postal department or the approved courier service stating that the accused or the witness refused to take delivery of the summons. The Act still refers to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced from 1 July 2024.

When Section 144 NI Act Applies

  • The proceeding is under Chapter XVII of the Negotiable Instruments Act, 1881.
  • A Magistrate issues a summons to an accused or a witness.
  • The Magistrate may direct a copy of the summons to be served at the place where the accused or witness ordinarily resides, carries on business, or personally works for gain.
  • Service may be made by speed post or by courier services approved by a Court of Session.
  • Upon receiving an acknowledgment purporting to be signed by the accused or witness, or an endorsement by an authorised postal or courier person that the accused or witness refused delivery, the court may declare the summons duly served.

Example of Section 144 NI Act

A Magistrate in Kota issues a summons to Mahesh, the accused in a proceeding under Chapter XVII of the Negotiable Instruments Act, 1881. Under Section 144(1) NI Act, the Magistrate directs that a copy of the summons be sent by speed post to the shop in Mysuru where Mahesh carries on business. Mahesh refuses to take delivery at the shop. A person authorised by the postal department makes an endorsement stating that Mahesh refused to take delivery and returns it to the court in Kota. Under Section 144(2) NI Act, upon receiving this endorsement, the court may declare that the summons has been duly served on Mahesh.

FAQs on Section 144 NI Act

What is Section 144 NI Act?▼

Section 144 NI Act provides a special mode of serving summons on an accused or a witness in proceedings under Chapter XVII of the Negotiable Instruments Act, 1881. It allows a Magistrate to direct service by speed post or Court of Session approved courier and permits the court to declare service complete upon signed acknowledgment or refusal of delivery.

By what delivery methods can a summons be served under Section 144(1) NI Act?▼

By speed post or by courier services approved by a Court of Session. Section 144(1) NI Act allows a Magistrate to direct service by these modes regardless of anything in the Code of Criminal Procedure, 1973.

At which address can a summons be served under Section 144(1) NI Act?▼

At the place where the accused or the witness ordinarily resides, carries on business, or personally works for gain. Section 144(1) NI Act specifies these three places for directing service of a copy of the summons.

What happens if an accused or a witness refuses to take delivery of a summons sent under Section 144 NI Act?▼

The court may declare that the summons has been duly served. Under Section 144(2) NI Act, the court may make this declaration when it receives an endorsement purported to be made by an authorised person of the postal department or courier service stating that the accused or witness refused delivery.

Does Section 144 NI Act apply only to summons issued to the accused?▼

No. Both Section 144(1) NI Act and Section 144(2) NI Act apply to a summons issued to an accused or a witness.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Negotiable Instruments Act, 1881 (India Code) ·