The Supreme Court on Monday (September 29, 2025) has given an important order to accelerate the check bounce cases. The Supreme Court has set new rules for the lower courts of the entire country. This includes many things from changes in the manner of sending summons to the facility of repaying the money online to the accused of check bounce.
Justice Manmohan and N. The bench of V. Anjaria has expressed concern that there is about half the check bounce case of the total pending cases in the trial court in many states. The court has given examples of Delhi, Mumbai and Kolkata especially. A form of form is also given in the order. In this, a place has been given a place to fill the check date, amount, bank and all the necessary information. The court has said that the complainant should fill this form by filling this form in his complaint.
The order states that most of the cases of check bounces are related to commercial disputes. Therefore, instead of punishing the accused, emphasis should be laid on ensuring payment. The court said that all the guidelines issued by it should be implemented by November 1, 2025.
Which main instructions given by the Supreme Court in the order
- New ways to deliver summons- The complainant should give the mobile and email address of the accused with affidavit. Send summons from email, mobile number, WhatsApp and other messaging apps along with old ways to convey summons through court post or police.
- Dasti service essential- The complainant should personally send a copy of the summary to the accused. After this, file an affidavit in the court and give information about this.
- Online Payment Facility- Protected QR/UPI based payment links should be provided in district courts. In summons, the accused should be informed that if he wants, he can immediately settle the matter by depositing the amount.
- Priority to Summer Trial (Brief Case) The courts should deal with such cases in a quick hearing instead of prolonging the general civil case. If he converts the trial into summons trial from Samari, then the reason for this will have to be recorded.
- Interim deposit- The courts can order to deposit the interim amount at the earliest in appropriate cases.
- Emphasis on the presence of both sides- After the summons is served, a personal presence of the accused and parties should be ensured in the court. Exemption should be given only in special situations.
- Evening courts- Those who listen to the evening courts check bounce case, the amount coming under their jurisdiction should be increased.
- Dashboard- Become a dash board for district courts of Delhi, Mumbai and Kolkata. These include the progress of the progress of check bounce cases continuously. District judge should send reports to the High Court in three months.
- Monitoring Committee- The Chief Justice of Delhi, Bombay and Calcutta High Courts should create an internal monitoring committee, which should monitor the pending check bounce cases in the district courts under their jurisdiction and ensure their quick settlement.
- Lok Adalat and Reconciliation- Czech bounce cases should be handed over to the experienced magistrate. Along with this, these cases should also be promoted to arbitration or disposal through Lok Adalat.
Apart from these instructions, the Supreme Court has also said that if the accused is ready to pay the check amount, the court can advise both the parties to compound the agreement, so that the matter can be eliminated. The court has said:
- If the accused pays the amount before his cross -examination, then the agreement will be valid without any additional expenditure.
- If the accused will pay 5 % additional amount after the Defense Evidence (his cross -examination), but before the verdict.
- During the hearing on the appeal/revision in the District Court or High Court, the payment may have to be paid up to 7.5 percent on the payment and 10 percent additional payment in the event of agreement in the Supreme Court.
Provision for a maximum sentence of two years in case of check bounce
It is important to note here that Section 138 of the Nignable Instruments Act (NI Act) is provided for a maximum of 2 years punishment in the check bounce cases. The Supreme Court has said that the guilty of these cases is also entitled to the concession from going to jail under the Probation of Offenders Act, 1958. The Supreme Court has said that if the complainant wants an additional amount in the form of interest or compensation in addition to the amount of the check, then the court can advise the accused to accept the complaint. In such a situation, the court can also give the benefit of probation by punishing the convict using the powers of CRPC or BNSS.
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