Section 143 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 143 makes cheque-bounce trials quicker. It says offences under the relevant Chapter are tried by a Judicial Magistrate of the first class or a Metropolitan Magistrate, applies the summary-trial provisions of the Code of Criminal Procedure, 1973, limits the sentence in a summary trial, and sets a day-to-day trial and an endeavour to conclude within six months. This follows the consolidated text consulted.
All offences under the Chapter are tried by a Judicial Magistrate of the first class or a Metropolitan Magistrate, and sections 262 to 265 (both inclusive) of the Code of Criminal Procedure, 1973 apply "as far as may be" (s.143(1)). In a summary trial the Magistrate may pass imprisonment not exceeding one year (the text prints it with "and an amount of fine exceeding five thousand rupees", quoted as printed). If a longer sentence may be needed or summary trial is undesirable, the Magistrate records an order, recalls witnesses and tries the case in the regular manner. Trial is to be continued from day to day (s.143(2)) and an endeavour is made to conclude within six months of filing the complaint (s.143(3)).
Where Section 143 sits
Section 143 comes after the offence in Section 138, the jurisdiction rules in Section 142 and the transfer provision in Section 142A. It is about how the trial is conducted. The related power to order interim compensation is in Section 143A, which has its own post and is not explained here. For a general account of summary trials, see our guide on summary trial and when it applies.
The text speaks of "this Chapter" without printing where the Chapter begins; the copy consulted places the Chapter on dishonour of cheques at ss.138 onwards, and this article gives no Chapter number. Section 143 refers to the Code of Criminal Procedure, 1973 and to sections 262 to 265 of it, and the reader should check the current procedural law for the corresponding provisions before relying on any procedural point here.
If you are a drawer or payee facing a trial, a legal dispute resolution adviser can help you understand how the conduct of trial will affect your case. A note on spelling: the Act writes "indorse"; "endorse" is the common spelling.
Section 143(1): who tries, and the summary-trial sections
"Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Chapter shall be tried by a Judicial Magistrate of the first class or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trials".
Three elements:
- The court. A Judicial Magistrate of the first class or a Metropolitan Magistrate.
- The Code's summary-trial sections. Sections 262 to 265 (both inclusive) of the Code "shall, as far as may be, apply".
- Which offences. "All offences under this Chapter", as printed. The text does not list them.
The words "as far as may be" show that the Code's summary-trial sections apply with the necessary adaptation.
First proviso: the sentence limit
"Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year and an amount of fine exceeding five thousand rupees".
This is printed exactly so. The words "and an amount of fine exceeding five thousand rupees" are as they appear in the copy consulted, and the sentence reads oddly: a limit on imprisonment is paired with a fine "exceeding" five thousand rupees. It looks like a printing slip, and no correction is made here. The reader should check the official text. What is clear is the one-year limit on imprisonment for a conviction in a summary trial.
Second proviso: switching to a regular trial
"Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall after hearing the parties, record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code."
So the Magistrate must (i) hear the parties, (ii) record an order, (iii) recall any witness examined, and (iv) proceed to hear or rehear the case in the manner provided by the Code. The triggers are a likely sentence exceeding one year, or "any other reason" making summary trial undesirable.
Section 143(2): day-to-day trial
"The trial of a case under this section shall, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing."
Day-to-day trial is the aim, "so far as practicable" and "consistently with the interests of justice". An adjournment beyond the following day requires reasons recorded in writing.
Section 143(3): six months
"Every trial under this section shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint."
This is an "endeavour", not a hard deadline. The text does not say what follows if six months pass.
Summary table
| Provision | Rule | Key words |
|---|---|---|
| 143(1) | Court and Code sections | Judicial Magistrate of the first class or Metropolitan Magistrate; sections 262 to 265 of the Code apply "as far as may be" |
| 143(1) first proviso | Sentence limit in summary trial | imprisonment "not exceeding one year" (fine wording as printed) |
| 143(1) second proviso | Switch to regular trial | Magistrate hears parties, records order, recalls witnesses, tries in the manner provided by the Code |
| 143(2) | Day-to-day trial | adjournment beyond the following day only for reasons recorded in writing |
| 143(3) | Six months | "an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint" |
A worked example
Example. Ishwar Pharma files a Section 138 complaint against Jaggi Medical Stores before a Judicial Magistrate of the first class. The Magistrate decides to try the case summarily under Section 143. After hearing some witnesses, it becomes clear that the nature of the case may call for a sentence exceeding one year. Under the second proviso, the Magistrate hears the parties, records an order, recalls any witness already examined and proceeds to hear the case again in the manner provided by the Code. Throughout, the Court aims to continue from day to day, giving reasons in writing if it adjourns beyond the following day, and an endeavour is made to conclude within six months of the complaint.
Points to watch
- Endeavour, not deadline. The six-month target is "an endeavour".
- Slip in the first proviso. Quote it as printed and check the official text.
- Reasons in writing. Both the switch to a regular trial (a recorded order) and adjournment beyond the following day (reasons recorded in writing) need a written record.
- No fines or fees stated. Apart from the printed five thousand rupees wording, the text states no sentence figures beyond Section 138.
- Check current procedure. The Code references are quoted as printed.
Need help during the trial stage?
The pace of a summary trial leaves little time to arrange documents and witnesses. A legal dispute resolution review early on helps you work out what must be ready, whichever side you are on.
Key takeaways
- Offences under the Chapter are tried by a Judicial Magistrate of the first class or a Metropolitan Magistrate, with sections 262 to 265 of the Code applying as far as may be.
- In a summary trial the imprisonment limit is one year; the fine wording in the proviso is printed oddly and should be checked.
- The Magistrate may switch to a regular trial after hearing the parties and recording an order.
- Trial is to continue day to day, with reasons in writing for adjournment beyond the following day.
- An endeavour is made to conclude within six months of filing the complaint.
Read next
- Section 142: cognizance of cheque bounce offence and court jurisdiction
- Section 144: service of summons by speed post or courier
- Interim compensation under Section 143A
- Summary trial: when applicable and procedure
Disclaimer: Based on a consolidated text of the Negotiable Instruments Act, 1881 stating the position as of 26 December 2015 and on the Negotiable Instruments (Amendment) Act, 2018, as consulted on 2 October 2026. Later amendments and current criminal procedure law should be checked. This article is general information, not legal advice; check the official text before acting.