Section 144 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 144 gives the Magistrate an extra way to serve a summons in a cheque-bounce case: by speed post or approved courier to the place where the person ordinarily resides, carries on business or personally works for gain. It also says that a recorded refusal to take delivery lets the Court declare the summons duly served. As per the consolidated text consulted, the section has two sub-sections.
For the purposes of the Chapter, a Magistrate issuing a summons to an accused or a witness may direct a copy of the summons to be served at the place where that person ordinarily resides, carries on business or personally works for gain, by speed post or by such courier services as are approved by a Court of Session (s.144(1)). If an acknowledgment purporting to be signed by the accused or witness, or an endorsement by a person authorised by the postal department or the courier service that the person refused to take delivery, is received, the Court may declare that the summons has been duly served (s.144(2)).
What problem this solves
A cheque-bounce case cannot go forward until the accused is before the Court, and summons that cannot be served cause delay. Section 144 supplements the ordinary methods by letting the Magistrate use speed post or approved courier. The trial rules that sit beside it are in Section 143, and the evidence rule in Section 145.
The section begins "Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)". The text refers to that Code; the reader should check the current procedural law for the corresponding provisions on summons.
If you are a drawer who has not received a summons, or a payee who needs to know how service will be handled, a legal dispute resolution adviser can help you work through the position. A note on spelling: the Act writes "indorse"; "endorse" is the common spelling.
Section 144(1): speed post or approved courier
The text: "Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), and for the purposes of this Chapter, a Magistrate issuing a summons to an accused or a witness may direct a copy of summons to be served at the place where such accused or witness ordinarily resides or carries on business or personally works; for gain, by speed post or by such courier services as are approved by a Court of Session."
Breaking it down:
- Who may direct. A Magistrate who is issuing a summons.
- To whom the summons goes. An accused or a witness.
- Where it is served. At the place where the person "ordinarily resides or carries on business or personally works for gain". The copy prints "personally works; for gain" with a stray semicolon, which is a printing slip; the words are read here as "personally works for gain".
- How. "By speed post or by such courier services as are approved by a Court of Session."
- The purpose. "For the purposes of this Chapter", as printed; the copy gives no Chapter number.
The word "may" shows that this is a permitted mode, not the only one. The text does not say the other modes of service under the Code are shut out, and it does not describe any form or procedure.
Section 144(2): refusal and deemed service
The text: "Where an acknowledgment purporting to be signed by the accused or the witness or an endorsement purported to be made by any person authorised by the postal department or the courier services that the accused or the witness refused to take delivery of summons has been received, the Court issuing the summons may declare that the summons has been duly served."
Two kinds of paper can lead to a declaration of due service:
- An acknowledgment purporting to be signed by the accused or the witness.
- An endorsement purported to be made by a person authorised by the postal department or the courier service, saying that the accused or the witness refused to take delivery.
On receiving either, the Court issuing the summons "may declare that the summons has been duly served". The words "purporting" and "purported" are in the text, so the Court looks at what the paper purports to be. The word "may" leaves the declaration to the Court.
Table
| Point | Section 144(1) | Section 144(2) |
|---|---|---|
| Who acts | A Magistrate issuing a summons | The Court issuing the summons |
| To whom | An accused or a witness | The accused or the witness |
| Mode or paper | Speed post, or courier approved by a Court of Session | Acknowledgment purporting to be signed, or endorsement that delivery was refused |
| Place | Where the person ordinarily resides, carries on business or personally works for gain | (follows service under sub-section (1)) |
| Result | Copy of summons served | Court may declare summons duly served |
Examples
Example 1 (sub-section (1)). A complaint is pending against Kavya Builders in a Section 138 case. The Magistrate issues a summons and directs that a copy be served by speed post at the address where Kavya Builders' proprietor carries on business. Sub-section (1) permits this mode, so long as the place is one where the person ordinarily resides, carries on business or personally works for gain.
Example 2 (sub-section (2)). A courier approved by a Court of Session brings the summons to the proprietor's shop. He refuses to take delivery, and the courier's authorised person writes an endorsement to that effect on the receipt. When the endorsement is received, the Court may declare the summons duly served under sub-section (2), whether or not the proprietor then attends.
Practical points for drawers and payees
- Keep your address records right. Service at the place where you ordinarily reside or carry on business can bind you, including by refusal. Keep your registered address and business address up to date with the bank and in public records.
- A refused delivery has consequences. Under sub-section (2), the Court may declare the summons duly served on the basis of the endorsement.
- Witnesses too. The section covers a witness as well as the accused.
- Courier choice. The courier service must be one "approved by a Court of Session"; the text does not list any.
- Payees. If you are the complainant, give the Court the address where the accused ordinarily resides or carries on business. The text does not say how addresses are given, and that is a matter for current procedure.
What the text does not say
- It names no time within which the summons must be sent or served.
- It does not say what happens if the declaration of due service is disputed.
- It does not prescribe forms, fees or the contents of the summons.
- It does not say what the Court must do after declaring due service; that is a matter for the Code, which the reader should check.
Need help with a summons?
A summons that has been served, or is said to have been served, starts real dates running. If you want the paper trail reviewed, including any endorsement of refusal, our legal dispute resolution team can help you read it against Section 144 and plan the next step.
Key takeaways
- A Magistrate issuing a summons to an accused or a witness may direct service by speed post or approved courier at the place of residence, business or personal work for gain (s.144(1)).
- The courier must be approved by a Court of Session.
- An acknowledgment or an endorsement of refusal to take delivery lets the Court declare the summons duly served (s.144(2)).
- The text prints a stray semicolon in "personally works; for gain".
- The text refers to the Code of Criminal Procedure, 1973; check current procedural law.
Read next
- Section 143: summary trial of cheque bounce cases
- Section 145: evidence on affidavit in cheque bounce cases
- Section 142: cognizance of cheque bounce offence and court jurisdiction
- Service of documents on a company: how legal notices work
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.