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Subhash Vashist (Law Officer)     28 September 2012

Refund of court fees on withdrawal of cheque-bouncing case

If a complainant withdraws the case under section 138 of the Negotiable Instruments Act, before the charges are framed, he could get a refund of up to 50% of the court fees paid If you plan to withdraw a cheque-bounce case in court before charges are framed, you may also receive about 50% of the court fees as refund. This move would not only benefit individuals, but also financial institutions who file such cases, then opt for out-of-court settlement. The Maharashtra government announced in a gazette notification in May that a claim for refund of court fees can be made after the withdrawal of the complaints for the cases, which are filed under section 138 of the Negotiable Instruments Act, 1881. In India, the Negotiable Instruments Act regulates commercial transactions which take place through cheques, promissory notes and bills of exchange. According to the Maharashtra government resolution (GR), the state government, in exercise of its powers conferred by section 43(2) of the Bombay Court Fees Act, 1959 will provide part of the court fees paid by the complainant under article 18 of schedule I, appended to the Act. Such refund will be paid to the complainant under two broad circumstances and conditions. First, under section 138 of the Negotiable Instruments Act, 1881, a refund of 50% of the total court fees will be made when the complainant withdraws a complaint, or when the offence was compounded, before framing of particulars/charges, provided the claim is made within one year from the date of withdrawal of the complaint. Similarly, 25% of the court fee will be refunded provided the complaint is withdrawn, or the offence is compounded, after farming of particulars/charges, or any subsequent stages of the complaint. Here again, a claim has to be made within a year.


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 6 Replies

Ebrahim Soorya (Proprietor)     21 December 2012

Dear Sir,

I need your help in some matter.

I had a filed a cheque bouncing case against a party  in mazgaon court, mumbai and I have withdrawn the same.

The judgement has been passed to give me a refund of 50% of court fees.

But the judge is not willing to give me the certification for the same.

He told me to find out the procedure from OLD CUSTOM HOUSE.

I went there and they gave me a sample of the certificate to be bought from the court.

I approached the judge with the sample letter but he is not willing to give me the certificate.

He wants the acts and details about the court fees refund.

I have tried at many places and tried to convince him numerous times, but he is not willing at all.

He wants all work to be done by me and I not being a lawyer do not have so much Knowledge about it.

I would be highly oblidges if you could please help me with come curriculum about it.

In the certificate which i got from old custom house, there a two acts mentioned. the details are as follows:

Section 43(2) of Bombay court fees act, XXXVI of 1959 (No. B. C. A. 1008/CR86/08) in view of the resolution dated 2nd may 2011, published in Govt. Gazette (Asardharan part 4).

Waiting for your early response .

Thanks.

Ebrahim Soorya

Subhash Vashist (Law Officer)     22 December 2012

Where are you from ?

Since the Bombay Court fee act is applicable in the state of Maharashtra.

And In other states there is not such court fee in the matter of 138.

Please refer to this discussion also. https://www.lawyersclubindia.com/experts/New-Amendment-of-Sec-138-NI-Act--35186.asp#

Feel free to reply :)

Ebrahim Soorya (Proprietor)     22 December 2012

Respected Sir,

I am from Mumbai, maharashtra.

Awaiting your reply

Thanks

Ebrahim Soorya

Ebrahim Soorya (Proprietor)     28 December 2012

Awaiting you reply sir

Ebrahim Soorya (Proprietor)     31 December 2012

Hello Sir,

Awaiting  reply from your side.

Thanks

Ebrahim

Salil Kumar Adv   28 April 2024

Recently , Govt. of Kerala also introduced Court fee for 138 N I Act cases .


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