Section 144 of the Negotiable Instruments Act, 1881 - Mode of Service of Summons
Section 144 creates a special mode for service of summons in Chapter XVII cheque dishonour proceedings. A Magistrate may direct service on an accused or witness by speed post or a courier service approved by a Court of Session, and the court may treat specified acknowledgements or refusal endorsements as sufficient proof of service.
Who may be served: an accused or a witness.
Where: the place where that person ordinarily resides, carries on business or personally works for gain.
How: by speed post or a courier service approved by a Court of Session.
Refusal: where the statutory requirements are met, an endorsement showing refusal to take delivery may enable the issuing court to declare the summons duly served.
Section 144 - Mode of service of summons
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, and for the purposes of Chapter XVII, a Magistrate issuing summons to an accused or a witness may direct that a copy of the summons be served at the place where the accused or witness ordinarily resides, carries on business or personally works for gain, by speed post or by a courier service approved by a Court of Session.
Where an acknowledgement purporting to be signed by the accused or witness is received, or where an endorsement purporting to have been made by a person authorised by the postal department or courier service states that the accused or witness refused delivery, the court issuing the summons may declare that the summons has been duly served.
Permitted mode and place of service
Section 144 supplements the general criminal procedure with a special service mechanism for cases under Chapter XVII of the Negotiable Instruments Act. It expressly recognises speed post and an approved courier service. A private courier does not fall within the statutory wording merely because it offers delivery services; Section 144 refers to courier services approved by a Court of Session.
When refusal can amount to service
Section 144(2) addresses proof of service. If the issuing court receives an acknowledgement purporting to bear the signature of the accused or witness, it may act on that statutory basis. The same sub-section deals with an endorsement by an authorised postal or courier person recording that the recipient refused delivery.
Why Section 144 was introduced
Section 144 was inserted as part of the 2002 amendments intended to simplify and accelerate proceedings relating to dishonoured cheques. The Supreme Court has noted that the amendments included service of summons through speed post or courier, along with summary trial and compounding, as procedural measures aimed at more effective disposal of Negotiable Instruments Act cases.
The provision should be read with Section 143, which provides for summary trial and expeditious disposal, and Section 145, which permits complainant evidence on affidavit.
CrPC reference in Section 144 and the current BNSS context
The enacted text of Section 144 continues to refer to the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and repealed the Code of Criminal Procedure, 1973, subject to savings and transitional provisions.
Accordingly, the statutory wording of Section 144 should be reproduced as enacted, while current proceedings must also be considered under the presently applicable general criminal procedure and any relevant saving provisions. Section 144 remains the specific Negotiable Instruments Act provision dealing with the speed-post and approved-courier mechanism for summons in Chapter XVII proceedings.
Official sources
Negotiable Instruments Act, 1881 - India Code official text