Negotiable Instruments Act, 1881 · Chapter XVII: Of Penalties in Case of Dishonour of Certain Cheques for Insufficiency of Funds in the Accounts
Section 143: Power of Court to try cases summarily
In plain words
All offences under this Chapter are tried by a Judicial Magistrate of the first class or a Metropolitan Magistrate, using the summary trial procedure of sections 262 to 265 of the Code of Criminal Procedure, 1973, as far as possible.
- In a summary trial, the Magistrate can impose imprisonment up to one year and a fine exceeding five thousand rupees.
- If a longer sentence may be needed or summary trial is unsuitable, the Magistrate must record this and rehear the case under the regular procedure.
- Trials should continue day to day and aim to finish within six months of the complaint.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(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.]
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 143
-
Sanjabij Tari v. Kishore S. Borcar & Anr.
The present appeal has been filed challenging the ex-parte judgment and order dated 16.04.2009 passed by the High Court acquitting the respondent no.1-accused u/s.138 of the Negotiable Instruments Act, 1881 and…
- Sh. Lallan Sah v. Sh. Ravi Kumar Pasi
-
Sri Dattatraya v. Sharanappa
Whether the High Court had rightly affirmed the acquittal of the respondent in a complaint case moved for the offence punishable u/s. 138 of the Negotiable Instruments Act, 1881 by its judgment dated 03.03.2023.
- Twincity Sunlife Pvt. Ltd. & Ors v. Oxyzo Financial Services Pvt. Ltd
- Payal Malhotra v. Sulekh Chand
- Hiren Mahendra Botadra and Anr v. Nlmk India Service Centre Pvt. Ltd
- Vinod Keni & Ors v. Technology Development Board
- Vinod Keni & Ors v. Technology Development Board
- Ashok Kumar Gupta and Anr v. Anil Gupta
- G. Malarvizhi & Ors v. Mr. P.Sampath & Anr
- Ashok Aggarwal v. M/S Sesame Foods Pvt Ltd
- Sunil Todi & Ors. v. State of Gujarat & Anr.
- Prakash Gupta v. Securities and Exchange Board of India
- Securities and Exchange Board of India v. Classic Credit Ltd.
- J.V. Baharuni & Anr. v. State of Gujarat & Anr.
- M/S. Mandvi Co-Op Bank Ltd. v. Nimesh B. Thakore