Chapter XVII - Of Penalties in Case of Dishonour of Certain Cheques for Insufficiency of Funds in the Accounts
Section 143
Section 143: Summary trial and expeditious disposal
Section 143 sets out the summary-trial framework for Chapter XVII offences, the route for leaving that mode of trial and directions aimed at prompt disposal.
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This article is for general information. Refer to the Negotiable Instruments Act, 1881 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) 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:
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:
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.
(2) 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.
(3) 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.
Key rule and applicability
The first proviso permits the stated sentence within a summary trial. If a sentence beyond one year may be needed, or summary trial is otherwise undesirable, the second proviso requires hearing the parties, recording an order and the specified recall and rehearing process. The section also addresses day-to-day continuity and a six-month endeavour.
Limits and related provisions
The one-year wording here concerns summary trial and must not replace section 138’s general maximum. The six-month wording is an endeavour, not a promise that every case ends automatically by that date. The quoted Act retains CrPC section numbers; applying current procedural law and transition rules requires case-specific verification rather than mechanically replacing those numbers.
Hypothetical business example
Hypothetical: during a summary trial, the magistrate considers that the nature of the case may call for imprisonment exceeding one year. Section 143 describes the hearing, recorded-order and further procedural steps instead of allowing the issue to be ignored within the summary mode.
Practical decision flow
Identify the trial mode and retain the court’s procedural orders.
If conversion is considered, track the hearing, recorded reasons and any witness recall directions.
Prepare evidence for continuing hearings and record reasons for any longer adjournment and the overall case chronology.
Practical checklist
Do
- Identify the trial mode and retain the court’s procedural orders.
- If conversion is considered, track the hearing, recorded reasons and any witness recall directions.
- Prepare evidence for continuing hearings and record reasons for any longer adjournment and the overall case chronology.
Avoid
- The one-year wording here concerns summary trial and must not replace section 138’s general maximum. The six-month wording is an endeavour, not a promise that every case ends automatically by that date. The quoted Act retains CrPC section numbers; applying current procedural law and transition rules requires case-specific verification rather than mechanically replacing those numbers.
Glossary
- Summary trial
- The mode of trial addressed by subsection (1) and its provisos.
- Endeavour to conclude
- The statutory effort toward completion within six months, not an automatic termination rule.
Frequently asked questions
Does section 143 reduce every section 138 offence to a one-year maximum?
No. Its first proviso addresses sentencing in a summary trial; section 138 and the conversion provision must be read separately.
Must every case automatically finish or lapse after six months?
The section directs expeditious conduct and an endeavour to conclude within six months; it does not state automatic lapse at that point.
Can the trial move out of summary procedure?
Yes, through the hearing, recorded-order and further steps described by the second proviso when its conditions are met.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026