Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
E. Recently, the High Court of Karnataka in Ashok v. Fayaz Aahmad
MANU/KA/1743/2025 has taken the view that since NI Act is a special enactment, there is no need for the Magistrate to issue summons to the Accused before taking cognizance (Under Section 223 of BNSS) of complaints filed Under Section 138 of NI Act. This Court is in agreement with the view taken by the High Court of Karnataka. Consequently, this Court directs that there shall be no requirement to issue summons to the Accused in terms of Section 223 of BNSS i.e., at the pre-cognizance stage.
F. Since the object of Section 143 of the NI Act is quick disposal of the complaints Under Section 138 by following the procedure prescribed for summary trial under the Code, this Court reiterates the direction of this Court in In Re: Expeditious Trial of cases Under Section 138 of NI Act (supra) that the Trial Courts shall record cogent and sufficient reasons before converting a summary trial to summons trial. To facilitate this process, this Court clarifies that in view of the judgment of the Delhi High Court in Rajesh Agarwal v. State and Anr., MANU/DE/1838/2010, the Trial Court shall be at liberty (at the initial post cognizance stage) to ask questions, it deems appropriate, Under Section 251 Code of Criminal Procedure/Section 274 BNSS, 2023 including the following questions:
(i) Do you admit that the cheque belongs to your account? Yes/No
(ii) Do you admit that the signature on the cheque is yours? Yes/No
(iii) Did you issue/deliver this cheque to the complainant? Yes/No
(iv) Do you admit that you owed liability to the complainant at the time of issuance? Yes/No
(v) If you deny liability, state clearly the defence:
(a) Security cheque only;
(b) Loan repaid already;
(c) Cheque altered/misused;
(d) Other (specify).
(vi) Do you wish to compound the case at this stage? Yes/No
G. The Court shall record the responses to the questions in the order-sheet in the presence of the Accused and his/her counsel and thereafter determine whether the case is fit to be tried summarily under Chapter XXI of the Code of Criminal Procedure/Chapter XXII of the BNSS, 2023.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1755 of 2010
Decided On: 25.09.2025
Sanjabij Tari Vs. Kishore S. Borcar and Ors.
Hon'ble Judges/Coram:
Manmohan and N.V. Anjaria, JJ.
Author: Manmohan, J.
Citation: 2025 INSC 1158, MANU/SC/1336/2025
