S. 138 NI Act Cases: Supreme Court issues New Format for Synopsis to be Attached with Complaint [Read Judgement]
The direction on synopsis preparation will apply to all trial courts from 1 November 2025.
Supreme Court - Taxscan
Supreme Court - Taxscan
The Supreme Court has directed that all complaints filed under Section 138 of the Negotiable Instruments Act, 1881 (cheque bounce cases) must henceforth include a standardised synopsis at the beginning of the complaint file. The move comes as part of detailed guidelines issued by the apex court to address the massive backlog of cheque dishonour cases in trial courts.
The bench of Supreme Court Justices Manmohan and N.V. Anjaria took judicial notice of the staggering pendency of cheque dishonour complaints across India. As per the National Judicial Data Grid, nearly 6.5 lakh such cases are pending in Delhi, 1.17 lakh in Mumbai, and 2.65 lakh in Kolkata alone as of September 2025. In Delhi, Section 138 matters constitute almost 50% of the trial court pendency.
To streamline proceedings, the Court mandated that a synopsis be filed immediately after the index, before the main complaint. This synopsis must include:
- Particulars of the parties – complainant, accused, and where applicable, directors/partners/vicariously liable persons.
- Cheque details – number, date, amount, account details, bank branch.
- Dishonour details – date of presentation, date of return, branch, and reasons for dishonour.
- Statutory notice details – date, mode of service, tracking, proof of delivery, reply if any.
- Cause of action – date of accrual, jurisdiction invoked under Section 142(2), disclosure of other pending cases between the same parties.
- Relief sought – summoning, trial, and whether interim compensation under Section 143A NI Act is sought.
The Court clarified that the synopsis will ensure uniformity, enable magistrates to quickly access case essentials, and prevent unnecessary delays at the pre-cognizance stage.
The order also reiterated that cheque dishonour proceedings are quasi-criminal in nature but essentially aimed at ensuring repayment and maintaining the credibility of cheques as substitutes for cash. It stressed that courts must avoid treating NI Act prosecutions as mere civil recovery suits.
The direction on synopsis preparation will apply to all trial courts from 1 November 2025, making it mandatory for every fresh complaint under Section 138 of the Negotiable Instruments Act to include this structured format.
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