Cheque returened case
panchal yogesh
(Querist) 03 November 2011
This query is : Resolved
is 10% court fee is compulsory for settlement in cheque return case by court?
is it can be waived, how???
in court stage only affidavite is filled
and in primary stage
M.Sheik Mohammed Ali
(Expert) 03 November 2011
your query is vague, no need to pay 10% whats your exact query ? you pay to court or that person.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 November 2011
This is as per SC directive for compounding at initial stages.However if your opposite party is ready the case can be withdrawn to avoid ten percent penalty to be paid to legal aid forum.
Shonee Kapoor
(Expert) 03 November 2011
I also agree, I don't think there is a set formula for the same.
If you can show me the concerned judgement maybe we can clarify more.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Advocate Bhartesh goyal
(Expert) 04 November 2011
Yes Mr JSDN is absolutly right in Damodar.S.Prabhu vs sayed Babalal.H, Supreme Cour issued guidines that if an applicationfor compounding is made before the magistrate at a subsequent stage,compounding can be allowed subject to be condition that accused will be required to pay 10% of the cheque amount to be deposited as a conditon for compounding with the legal service authority.
prabhakar singh
(Expert) 04 November 2011
Whether writ-summons issued to you called for
making compromise or did you move any application on very first or second date after your appearance showing your intention
to compromise????????????
prabhakar singh
(Expert) 04 November 2011
The guide lines given by Supreme Court in DAMODAR S>PRABHU CASE were as follows::
THE GUIDELINES
(i) In the circumstances, it is proposed as follows:
(a) That directions can be given that the Writ of Summons be suitably modified making it clear to the accused that he could make an application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding may be allowed by the court without imposing any costs on the accused.
(b) If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the cheque amount to be deposited as a condition for compounding with the Legal Services Authority, or such authority as the Court deems fit.
(c) Similarly, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs.
(d) Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount.
Let it also be clarified that any costs imposed in accordance with these guidelines should be deposited with the Legal Services Authority operating at the level of the Court before which compounding takes place.
For instance, in case of compounding during the pendency of proceedings before a Magistrate's Court or a Court of Sessions, such costs should be deposited with the District Legal Services Authority.
Likewise, costs imposed in connection with composition before the High Court should be deposited with the State Legal Services Authority and those imposed in connection with composition before the Supreme Court should be deposited with the National Legal Services Authority.
prabhakar singh
(Expert) 04 November 2011
Hence if you are covered by situation (a)of the guide line you can get saved of 10% penalty otherwise not.
