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Will the court fee be refunded if there is an out of court settlement
24-Mar-2023 (In Cheque Bounce Law)
Sir, my friend had a cheque bounce case for INR 10 Lakh, the first court asked to pay 11 Lakh + one year imprisonment. he approached the higher court (may be Sessions court as told to me). He has paid the court fees I think Rs. 10,000/- Now, both the parties have reached on settlement and payment as per settlement is done. The opposite lawyer is saying, there might be penalty on us appx. 50,000/- (A) is it true (B) since settlement is done, case is withdran, Can get a court fees refund? pl. reply
no you cannot get the court fee refund because there is no provision in N.I. Act or CRPC that you have to paid court fees rs 10000/- for cheque bounce case. court fees is paid in civil matters and cheque bounce case is not a civil matter.
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Yes sessions court can impose an amount to be deposites in distt legal services authority or otherwise and you will get a receipt from the court regarding that. Secondly as in a cheque bounce criminal case no such amount of court fee is deposites in the court for filing appeal. Only in recovery suit court fees is paid according to the amount. The 10000 rupees your friend paid might be the counsel fee and that can not be refunded. However in civil cases when the matter is setgled in lok adalat the whole court fee paid is refunded.
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Adv. Sachin Kaushal
Anandpur Sahib | 25+ Answers
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