Cheque bouncing - court fees
SAMIR SHAH
(Querist) 30 November 2012
This query is : Resolved
SIR,
I HAD READ IN A NEWSPAPER SOME DAYS BACK THAT IN THE CASE OF CHEQUE BOUNCING NOW COURT FEES OR FILLING FEES IS NOT REQUIRED TO BE PAID.
PLS DO GUIDE ME URGENTLY.
Devajyoti Barman
(Expert) 30 November 2012
Where do you stay?
It the state of WB it is still payable.
SAMIR SHAH
(Querist) 30 November 2012
thanks for the reply.
this is in Mumbai - maharashtra
can you quote the circular or notification no in this regards
Raj Kumar Makkad
(Expert) 30 November 2012
No fe is payable even in my State Haryana and in many other States like Delhi, Punjab, HP, UP etc. only an application fee of Rs. 10/- is required to be affixeed.
prabhakar singh
(Expert) 30 November 2012
But that is true for criminal complaints only
if one has to file suit of realization paying Ad volerom Court Fess would be must.
SAMIR SHAH
(Querist) 01 December 2012
I HAD GONE THROUGH A ARTICLE IN NEWSPAPER GUJARAT SAMACHAR SOMEWHAT AROUND SEPT OR OCT THE DATE IS 23RD AS I AM HAVING CUTTING OF IT. WHERE THEY HAD SAID THAT SUPREME COURT HAS PASSED SOME DECISION A WEEK BACK AND HAS ALSO REFERRED TO COURT FEES ACT (2012) IN IT. I HAD SEARCHED ON GOOGLE BUT COULD NOT GET ANYTHING. FOR CHEQUE BOUNCING WHETHER I HAVE TO FILE CASE UNDER NEGOTIABLE INST. ACT OR CIVIL LAW OR BUSINESS LAW TO RECOVER MY MONEY.
I REQUEST YOU TO GUIDE ME ON :-
1. IS COURT FEES STATE WISE OR COUNTRY AS A WHOLE, SAME LAW IS APPLICABLE.
2. THE CHEQUES HAVE BOUNCED IN FEBRUARY BUT DUE TO HEAVY COURT FEES I DIDNOT FILE A CASE. CAN I FILE THE CASE NOW. SINCE THE COURT FEES ARE LESS.
ajay sethi
(Expert) 01 December 2012
for recovery of money you have to file summary suit .
for filing summary suit you have to pay court fees
for punishment of accused you have to file criminal complaint under section 138 NI .
if cheque has bounced in February 2012 you cant file criminal complaint under section 138 NI now ie after 10 months . bank wont accept said cheque for presentment now as cheque is no longer valid after 10 months
SAMIR SHAH
(Querist) 01 December 2012
NOW WHAT SHOULD BE DONE.
IS THERE ANYTHING LIKE COURT FEES ACT (2012) BECAUSE AS PER THAT PAPER CUTTING I HAVE TO PAY JUST RS.1000/- FOR FILLING THE CASE OR IS IT % OF THE SUM. THE SUM INVOLVED HERE IS 9,45,000/-
ajay sethi
(Expert) 01 December 2012
now you contact a local lawyer and file summary suit . it would be %of amount of reliefs claimed .
SAMIR SHAH
(Querist) 01 December 2012
WHAT ABOUT THE SUPREME COURT DECISION ISNT IT APPLICABLE IN THIS CASE.
ANYTHING ON COURT FEES ACT (2012)
Kamal Gupta
(Expert) 01 December 2012
Dear Samir,
First Of all the Court fee (2012) Act, was/is the Delhi Court Fee Amendment Act, 2012, which is applicable only on Delhi,where it is mentioned that the advalorem court fee is payable on the cheuqe, but the Hon'ble Supreme Court has turned down it, and now, in Delhi only court fee of Rs. 10/- is required to file a criminal complaint u/s 138 NI act for disshonoring of cheque. The said verdict is applicable on Delhi only, as it relates to the Act, which was applicable on Delhi.
AND, further, the court fee is always state wise.
SAMIR SHAH
(Querist) 01 December 2012
THANKS TO ALL OF U TO GUIDE ME AND HELP ME OUT.
ISNT THERE ANY SUCH ACT IN THE STATE OF MAHARASHTRA. AND SINCE THIS IS A SUPREME COURT VERDICT ISNT IT APPLICABLE TO THE WHOLE COUNTRY.
ajay sethi
(Expert) 02 December 2012
we have advised you that your complaint under section 138 NI is not maintanable at this stage . cheque had bounced in February 2012 10 months have passed . you will have to pay court fees and file summary suit if you want to recover your Rs 10 lakhs . the decision of supreme court relates to Delhi court fees act and not applicable to Maharashtra .
M V Gupta
(Expert) 02 December 2012
As regards criminal complaint under Sec 138 NI Act, it should be filed in the Magistrates court. It does not attract the advelorem court fee. Only a nominal fee is payable.
M V Gupta
(Expert) 02 December 2012
As regards criminal complaint under Sec 138 NI Act, it should be filed in the Magistrates court. It does not attract the advelorem court fee. Only a nominal fee is payable on the complaint.
R.K Nanda
(Expert) 02 December 2012
no more to add.
