court fee in 138

rajvinder singh (Querist) 06 June 2011 This query is : Resolved
sir when insufficient court fee is affixed on complaint under section 138,what is the procedure to take objection on it.the court fee is rs.50 required to be affixed and the complainant has affixed only rs.10.

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PALNITKAR V.V. (Expert) 06 June 2011
File an application raising an objection about the court fees.

prashant pundhir (Expert) 07 June 2011
Surprising dear !Which provision of cr.p.c. or any of the criminal law says for about the court fees,I do not know .

Advocate. Arunagiri (Expert) 07 June 2011
When there is insufficient court fees, the case ought to be rejected.

Debasish Hota (Expert) 07 June 2011
There is no provision under the Cr.P.C. for rejecting a complaint on the ground of Court Fees.

rajvinder singh (Querist) 07 June 2011
how i should file objection pls tell this

Advocate. Arunagiri (Expert) 07 June 2011
Mr.Debasish,

Please see the following section:-

S.204 (4) cr.p.c. When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.

Mr.Rajvinder Singh,

You can bring it to the knowledge of the court by a memo or orally.

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