Upgrad LLM

Negotiable instrument act

This query is : Resolved 
 

Online (Querist)
30 October 2020

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 Online (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 VashistaOnline (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 Online (Expert)
31 October 2020

The facts posted are less than convincing.

BHARTI KOTHARIOnline (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 Online (Expert)
05 November 2020

How there could be court fee for a criminal case?

BHARTI KOTHARIOnline (Querist)
05 November 2020

In Maharashtra for cheque cases is 2% court fees

N.J.S.Rajkumar alias narasimhaOnline (Expert)
05 November 2020

Separate Court Fee for each Cheque Case is Legal Mandatory.

P. Venu Online (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.



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