cheque-bounce-offenders-can-be-summoned-via-whatsapp-u-khand-hc

The Uttarakhand High Court has directed the state to issue summons to offenders in cheque bounce cases via email and WhatsApp, along with traditional forms of communication such as postal mail.

According to a circular issued by Registrar General, Yogesh Kumar Gupta, the court has directed that in cheque bounce cases, summons will no longer be sent only through traditional modes, and that no additional procedure under Section 223 of the BNNS will be required before issuing a summons to the accused.

The new court order is in accordance with the Uttarakhand Electronic Process Rules, 2025, which allows summons to be served through email, mobile phones, and messaging applications such as WhatsApp.

The directions were issued in compliance with a recent Supreme Court judgment in Sanjabij Turi v Kishore S Barkar, in which the top court observed that lakhs of cheque bounce cases are pending across the country that place a heavy burden on the judicial system.

 

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In tandem with the new practice, at the time of filing the complaint, the complainant will be required to provide the accused individual’s email and WhatsApp details, along with a mandatory affidavit certifying the authenticity of the information. The high court also said false email or WhatsApp information may lead to penal action.

To ensure easy compliance, a new draft template has been added to the software, which must be attached to every complaint, the details of which will be entered into the computer system by the court staff.

The software will automatically calculate the limitation period relating to the “cause of action”, the circular said.

Additionally, to provide early relief to the accused, the court has also introduced an option for online payment, with the summons now clearly mentioning the online payment facility along with a payment link.

This will aid the accused to directly deposit the cheque amount by entering the CNR number or case credentials. If the accused makes payment through this facility, the court may close the case based on compounding.