Uttarakhand High Court Orders Electronic Summons for Cheque Dishonour Cases
The Uttarakhand High Court has issued a significant directive to all subordinate courts across the state. It mandates the use of electronic modes for serving summons in cases filed under the Negotiable Instruments Act, 1881. This move targets cheque bounce or dishonour cases specifically.
New Rules for Faster Service
Trial courts must now serve summons electronically. They will follow the Uttarakhand Electronic Processes Rules, 2025. The state government framed these rules using powers granted under the Bharatiya Nagarik Suraksha Sanhita, 2023.
According to Rule 9, complainants must provide specific details about the accused when filing a complaint. These include an email address, mobile number, or WhatsApp information. The complainant must support these details with an affidavit. This affidavit confirms that the particulars belong to the accused or respondent. The procedure applies to all criminal cases under the NI Act.
Affidavit Requirements and Consequences
Registrar General Yogesh Gupta issued a circular to all district and sessions judges. It states that complainants must file an affidavit of service before the court. If this affidavit proves false, the court can take appropriate legal action against the complainant.
The summons will also inform the accused about an online payment option. They can pay the cheque amount early using the e-pay-fine facility. A payment link will auto-generate in the summons template. Upon receiving payment confirmation, the court may order the release of funds. It can also decide on compounding or closing the proceedings under the NI Act and BNSS.
Streamlined Complaint Process
The circular introduces another key change. Every NI Act complaint must include a synopsis in a prescribed format. This synopsis goes immediately after the index and before the formal complaint. Court staff will enter the synopsis details.
It clarifies that courts do not need to issue process to the accused at the pre-cognisance stage under Section 223 of the BNSS. This step aims to reduce procedural delays.
Implementation Across Courts
District judges must circulate these directions to all criminal courts handling NI Act cases. The goal is to ensure smooth implementation and speed up trials. This electronic shift promises to make legal processes more efficient and accessible in Uttarakhand.
