Chapter XVII - Of Penalties in Case of Dishonour of Certain Cheques for Insufficiency of Funds in the Accounts
Section 144
Section 144: Mode of service of summons
Section 144 enables the stated postal or approved-courier service of summons to an accused or witness in Chapter XVII proceedings.
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Need advice on Section 144?
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) 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.
(2) 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.
Applicability and limits
The Magistrate may direct service at the person’s ordinary residence, business place or place of personal work for gain. The specified modes are speed post or a courier service approved by a Court of Session.
This is court summons service, not the complainant’s section 138 demand notice. An acknowledgment or refusal endorsement allows the issuing court to declare service; it is not an automatic private declaration by the sender.
Hypothetical example
Hypothetical: a Magistrate directs speed-post service of summons at the accused’s business address. A postal refusal endorsement is returned. The court assesses the record before deciding whether to declare the summons duly served.
Evidence and next steps
Keep the court’s service direction and the correct address details.
Use the directed mode and establish courier approval where relevant.
Retain tracking, acknowledgment or authorised refusal endorsement for the court’s determination.
Statutory and procedural context
Official consolidated Act, Chapter XVII. The bare-law text retains its Code of Criminal Procedure references. For an actual case, check the applicable procedural transition and court directions.
Practical checklist
Do
- Keep the court’s service direction and the correct address details.
- Use the directed mode and establish courier approval where relevant.
- Retain tracking, acknowledgment or authorised refusal endorsement for the court’s determination.
Avoid
- Do not treat this general guide as a case-specific court direction.
Glossary
- Summons
- A court-issued direction requiring the accused or witness to attend as applicable.
- Refusal endorsement
- The stated record by an authorised postal or courier person that delivery was refused.
Frequently asked questions
Can any private courier be used under this provision?
The text identifies courier services approved by a Court of Session.
Does a refusal record automatically settle service?
No. Subsection (2) says the issuing court may declare that summons was duly served.
Is this the same as the section 138 demand notice?
No. Section 144 concerns court summons to an accused or witness; the written payment demand has its separate statutory role.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026