Negotiable Instruments Act, Section 144

Negotiable Instruments Act, Section 144: Mode of Service of Summons

Section 144 of the Negotiable Instruments Act, 1881 provides a special procedure for service of summons in cheque dishonour cases and permits service through speed post or approved courier services in addition to the methods prescribed under the Code of Criminal Procedure.

The provision was introduced to ensure quicker and more effective service of summons, thereby reducing delays in proceedings under this Chapter.

1. Purpose of Section 144

The main object of Section 144 is to simplify the service of summons, prevent delays in cheque dishonour cases, and ensure speedy trial proceedings.

The provision also helps prevent unnecessary evasion by accused persons and strengthens procedural efficiency in prosecutions under Section 138.

2. Overriding Effect of the Provision

Section 144 begins with a non-obstante clause providing that it applies notwithstanding anything contained in the Code of Criminal Procedure, 1973.

Accordingly, the special procedure prescribed under this section prevails over general criminal procedure rules and gives courts greater flexibility in serving summons.

3. Power of Magistrate to Serve Summons

Sub-section (1) empowers the Magistrate issuing summons to direct that a copy of the summons be served through speed post or an approved courier service.

This mode of service may be used for summons issued to either the accused or a witness in the proceedings.

4. Place Where Summons May Be Served

The summons may be served at the place where the accused or witness ordinarily resides, carries on business, or personally works for gain.

The provision therefore adopts practical and convenient modes of service to facilitate effective communication of the summons.

5. Approved Courier Services

The section permits the use of courier services approved by a Court of Session for the service of summons.

This helps ensure reliable and authentic delivery while enabling faster communication than ordinary methods of service.

6. Acknowledgment of Service

Sub-section (2) provides that where an acknowledgment appears to have been signed by the accused or witness, the court may treat the summons as duly served.

Accordingly, a signed acknowledgment serves as proof of valid service and supports the continuation of the proceedings.

7. Refusal to Accept Summons

The section further provides that where postal authorities or courier services endorse that the accused or witness refused to accept delivery, the court may still treat the summons as duly served.

This provision prevents parties from evading legal proceedings by deliberately refusing to accept service of summons.

8. Importance of Deemed Service

The concept of deemed service is important because it prevents abuse of procedure, stops deliberate evasion of summons, and ensures the smooth continuation of trial proceedings.

Without such a provision, accused persons could avoid receiving summons and unnecessarily delay the progress and disposal of cheque dishonour cases.

9. Commercial Importance

Section 144 is commercially significant because it helps expedite cheque dishonour cases, reduces procedural delays, and improves the efficiency of court proceedings.

The provision strengthens the enforcement of cheque liability laws and supports the speedy adjudication of commercial disputes.