1.

Filing of complaint: When a complaint under Section 138 of the Act is

filed, it’s checked. If everything is in order, the court may take action and
issue a summons.
2. No other complaint filed: The complainant must state in an affidavit that no
other complaint has been filed for the same issue.
3. Physical presence not mandatory: The court can decide whether to issue a
process based on the complaint and the complainant’s affidavit. The
complainant or their witnesses don’t need to be present in court.
4. Complaint by power-of-attorney holder: A complaint u/s 138 of the Act
can be filed by a power-of-attorney holder.
5. Power-of-attorney holder can prove complaint: A power-of-attorney
holder can testify in court to prove the complaint, as long as they know the
transaction.
6. Specific assertion of power-of-attorney’s knowledge: The complainant
must state in the complaint that the power-of-attorney holder knows about
the transaction.
7. Power-of-attorney cannot delegate functions: The functions under the
general power of attorney cannot be delegated to another person without a
specific clause allowing it.
8. Inquiry mandatory for accused outside jurisdiction: If the accused lives
outside the court’s jurisdiction, the court must inquire whether there are
sufficient grounds to proceed against the accused.
9. Evidence may be given by affidavit: For such an inquiry, the complainant’s
evidence may be given by affidavit.
10.Complainant to give bank account number and e-mail ID of accused:
The complainant should provide their bank account number and, if possible,
the e-mail ID of the accused.
11.Complaint registered as Summary Trial Case: Every complaint filed
under Section 138 of the Act is initially registered as a Summary Trial Case.
12.Service of summons: The court should issue summons practically and
realistically. The summons should be properly addressed and sent by post
and e-mail.
13.Summons to indicate compounding of offence: The summons should
suggest that the accused can apply for compounding of the offence at the
first hearing of the case.
14.Summons to contain the amount to be deposited: The summons should
indicate that if the accused deposits a certain amount by a specified date,
they need not appear and proceedings may be closed.
15.Service of summons in one complaint deemed service in other
complaints: The service of summons in one complaint is considered as
service in all complaints related to the same transaction.
16.Court to direct accused to furnish bail bond: When the accused appears,
the court should direct them to furnish a bail bond to ensure their appearance
during the trial.
17.Magistrate cannot review or recall process: The Trial Court does not have
the power to review or recall the order of issuance of process.