In a significant move aimed at modernising judicial processes and reducing delays in cheque bounce litigation, the Uttarakhand High Court has permitted the service of summons through electronic modes such as WhatsApp and email. The decision, formalised through a circular issued on Monday, is expected to streamline proceedings under Section 138 of the Negotiable Instruments Act and ease the burden on courts grappling with a massive backlog of such cases.

The circular, issued by Registrar General Yogesh Kumar Gupta, states that summons in cheque dishonour complaints will no longer be restricted to conventional modes of service such as post or personal delivery. Instead, courts across Uttarakhand will now be empowered to serve summons electronically under the newly notified Uttarakhand Electronic Process Rules, 2025.

Electronic Service of Summons Made Official

Under the new rules, summons in cheque bounce cases can be served through email, mobile phones, and instant messaging applications, including WhatsApp. This marks a departure from the traditional approach that often resulted in delays due to unserved or repeatedly returned summons.

The high court noted that electronic service would help ensure faster communication with the accused and reduce procedural bottlenecks that frequently slow down the progress of cheque dishonour cases.

To operationalise this system, the court has placed specific responsibilities on complainants. At the time of filing a complaint, the complainant must now provide the accused person’s email address and WhatsApp number. This information must be accompanied by a mandatory affidavit affirming the authenticity and correctness of the electronic contact details furnished.

The circular cautions that providing false or misleading email or WhatsApp information could attract penal consequences, underlining the importance of accuracy and accountability in the new system.

Mandatory Synopsis and Digital Integration

The high court has also introduced procedural changes to improve efficiency at the filing stage. Every cheque bounce complaint must now be accompanied by a synopsis in a prescribed format. This synopsis will be entered into the court’s computer system by court staff, ensuring uniformity and enabling better digital tracking of cases.

Additionally, a new draft template has been integrated into the court software. This template will automatically calculate the limitation period based on the “cause of action,” a crucial element in cheque dishonour cases where timelines are strictly governed by statute. By automating this calculation, the court aims to minimise clerical errors and reduce disputes over limitation at later stages of the proceedings.

No Additional Pre-Summons Procedure Required

In another important clarification, the circular states that before issuing summons to the accused, no additional procedure under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNNS) will be required in cheque bounce cases. This effectively simplifies the pre-summons stage and accelerates the issuance of summons once a complaint is found to be in order.

Legal observers say this step could significantly shorten the time between the filing of a complaint and the accused being formally notified of the proceedings.

Online Payment Facility for Early Resolution

A notable feature of the new directions is the introduction of an online payment option aimed at facilitating early resolution of cheque bounce disputes. The summons issued to the accused will now clearly mention the availability of an online payment facility, along with a payment link.

Using this facility, the accused can directly deposit the cheque amount by entering the CNR number or other case credentials. If the payment is made through this mechanism, the court may consider closing the case on the basis of compounding, subject to legal requirements.

The high court said this measure is intended to provide early relief to accused persons who are willing to settle the matter promptly, while also reducing the caseload of trial courts.

Compliance With Supreme Court Directions

The Uttarakhand High Court’s circular has been issued in compliance with a recent judgment of the Supreme Court in Sanjabij Turi v. Kishore S Barkar. In that case, the apex court took note of the overwhelming number of cheque bounce cases pending across the country and the strain they place on the judicial system.

The Supreme Court observed that lakhs of cases under Section 138 of the Negotiable Instruments Act are clogging courts at various levels, often involving relatively small amounts but consuming disproportionate judicial time. It urged high courts and trial courts to adopt innovative and technology-driven solutions to improve efficiency and encourage early settlements.

By allowing electronic service of summons and enabling online payments, the Uttarakhand High Court has sought to align its procedures with the spirit of the Supreme Court’s directions.

A Step Towards Faster and Tech-Driven Justice

The move has been welcomed by legal practitioners as a pragmatic step towards modernising court processes. Serving summons electronically is expected to reduce delays caused by accused persons avoiding service or frequently changing addresses, a common issue in cheque dishonour cases.

At the same time, the high court has sought to strike a balance by insisting on safeguards such as affidavits verifying electronic contact details and warning against misuse of the system.

With the implementation of the Uttarakhand Electronic Process Rules, 2025, the state judiciary has joined a growing number of courts across the country that are leveraging technology to address systemic delays. If implemented effectively, the new framework could serve as a model for other states looking to tackle the persistent problem of mounting cheque bounce litigation while ensuring faster and more accessible justice.