Cheque Bounce Case: Declared Absconder at a Wrong Address? Delhi High Court Sets New Rules for Trial Courts

What did the Delhi High Court decide?

The Delhi High Court gave its judgment on 9 October 2026. The case is Tajinder Mohan Singh v. State (Government of NCT of Delhi).

A man was an accused in a cheque bounce complaint (a complaint under section 138 of the Negotiable Instruments Act). The trial court declared him an absconder (a person hiding from the law). Police then registered an FIR against him.

The High Court quashed (cancelled) that FIR. It held he was wrongly declared an absconder.

How did it reach this point?

The complaint listed two addresses in Ludhiana. The summons went by registered post and came back undelivered. The court took it that he was avoiding service.

Bailable warrants (warrants that let a person get bail at once) were sent next. Then non-bailable warrants.

Each came back with a clear report. The man had not lived or worked at either address for about four years.

Even so, a proclamation (a public notice to appear) was ordered for the same addresses. In January 2024 he was declared an absconder, and the FIR followed.

He said he had left those addresses in 2018. He also said the cheque case had ended in a compromise (a settlement).

Why did the High Court cancel the FIR?

The court looked at the trial record. It said the trial court went ahead in haste. It did not check that the papers went to the place where the man ordinarily lives.

The court said the law always speaks of the house where a person ordinarily resides. If summons, warrants or a proclamation go to some other place, they are not validly served. So the person has not committed the offence of ignoring them.

The state said this was a matter for trial. The court did not agree. When the record itself shows the facts, it said, there is no need for a trial.

What must trial courts do now?

The court gave five directions to all criminal courts. In simple words:

First, a heavy case load is no reason to call someone an absconder. There must be good grounds to think the person is avoiding summons on purpose.

Second, at the start of a complaint case, the complainant must give the accused’s correct home address on an affidavit (a sworn written statement). They must also give other addresses where summons can be sent, including by e-mail.

Third, the judge must record reasons in writing, after personally checking the record.

Fourth, if papers come back saying the person does not live there, the court must ask the complainant for solid proof that he does.

Fifth, the judge must personally read the process server’s or police report before saying the person is avoiding service.

What is the law on summons and proclamation?

Under BNSS section 64, a summons should be served personally on the person, if possible. A police officer or court officer usually does it.

BNSS section 84 lets a court publish a proclamation if it believes a person with a warrant is hiding. The person must be told to appear at least 30 days later. It is read out and put up where the person ordinarily lives.

Not appearing after such a proclamation is an offence under BNS section 209 (old IPC section 174A). It carries up to 3 years, or a fine, or both, or community service. For a declared proclaimed offender it is up to 7 years and a fine.

It is cognizable (police can act without a court’s permission) and non-bailable (bail is not a right). It applies only if the proclamation was validly served.

What happens next in such a case?

A person wrongly declared an absconder can ask the trial court to recall the order. They can also ask the High Court to quash the FIR, as here.

This ruling asks courts to check the address at every step.

What does this mean for you?

If you have moved house, a court notice may go to your old address. You may never know about the case. Warrants and a proclamation can follow.

Keep your address updated with your bank and on your records. If a complaint is filed against you, check its status on the eCourts site.

If you are a complainant, give the correct address with proof. A wrong address can cost you time and money.