Section 144: Mode of service of summons

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881

Legal Commentary & Landmark Judgments: Section 144

Section 144 establishes an expedited mode of service of summons in cheque bounce trials, authorizing service by registered post, speed post, or approved courier services.

  • Service by Post & Approved Couriers: Summons may be served by registered post acknowledgment due, speed post, or court-approved courier services at the address provided.
  • Declaration of Due Service: Where an acknowledgment purporting to be signed by the accused or an endorsement of refusal by a postal carrier is received, the court shall declare the summons duly served.
  • Evidentiary Presumption of Service: Operates in tandem with Section 27 of the General Clauses Act, 1897 and Section 64 CrPC / BNSS.
Key Landmark Precedents:
  • C.C. Alavi Haji v. Palapetty Muhammed (2007) 6 SCC 555: The Supreme Court Constitution Bench held that when a notice or summons is dispatched to the correct address by registered post, refusal or failure to collect is deemed valid service.
  • Indian Bank Association v. Union of India (2014) 5 SCC 590: The Supreme Court directed all criminal courts to utilize Section 144 modern service mechanisms, including speed post and electronic messaging, to prevent summons evasion.
Courtroom Practice & Strategic Litigation Guidance:

Ensure the complainant provides the accused's registered corporate address and current residential address. If the postal tracking shows 'refused' or 'door locked / intimated', produce the official postal report and request the court to declare the summons duly served under Section 144, paving the way for bailable warrants.