Negotiable instrument act
BHARTI KOTHARI
(Querist) 30 October 2020
This query is : Resolved
Mr. A given a Loan to Mr. B for Rs. 40 Lakh by bank transfer.
and Mr. B as well Mr. C, father of Mr. B has signed the promissory note.
and then Mr. A has issued cheque [ 40 lakh] towards repayment of loan amount which got bounced.
on complaint to Mr. C being father of Mr. B has issued a fresh cheque [40 lakh]for the repayment loan amount but this also got bounced.
Now we send legal notice to both of them about dishonour of their respective cheque towards loan repayment.
and ultimately filled criminnal complaint but the magistrate asking for seperate court fees on each cheque i.e. court fees on 80 lakh.
being legal academic query coming before me for first time please help on the subject
Rajendra K Goyal
(Expert) 30 October 2020
You have posted query with similar facts at :
https://www.lawyersclubindia.com/experts/negotiable-instrument-act-722591.asp
Please avoid repeation.
Dr J C Vashista
(Expert) 31 October 2020
Repeated story at https://www.lawyersclubindia.com/experts/negotiable-instrument-act-722591.asp as well as 8 times before that.
P. Venu
(Expert) 31 October 2020
The facts posted are less than convincing.
BHARTI KOTHARI
(Querist) 04 November 2020
SIR IN EARLIER QUERY FACTS WERE SAME BUT THE QUERY WAS DIFFERENT AND IN PRESENT QUERY IS ON THE POINT OF COURT FEES.
P. Venu
(Expert) 05 November 2020
How there could be court fee for a criminal case?
BHARTI KOTHARI
(Querist) 05 November 2020
In Maharashtra for cheque cases is 2% court fees
Guest
(Expert) 05 November 2020
Separate Court Fee for each Cheque Case is Legal Mandatory.
P. Venu
(Expert) 05 November 2020
It is the general rule that no ad valorum court fees, other than the process fee is leviable for criminal cases. A cheque bounce case, being criminal trial requires no court fee. This is the prevailing norm in most of States. In Kerala, where I am practising, filing the Petition for cheque bounce case requires only process fee of Rs. 10/-.
However, some States have made special provision for levying ad-valorum court fees in respect of cheque bounce cases. Maharashtra is one such State. Still then, the maximum that could be levied, to my knowledge, is Rs. 1,50,000/- ( 1.5 Lakhs). Please note that in Maharashtra maximum Court fee for even a civil action is 3 Lakhs.
