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
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.