what are the provisions regarding 138 ni act court fees ?
08-Jul-2024 (In Cheque Bounce Law)
For a Section 138 NI complaint at Saket (Delhi) the governing provision is Section 138, Negotiable Instruments Act, 1881 [text: https://www.indiacode.nic.in/show-data'actid=AC_CEN_2_33_00042_00042_1523271998701&orderno=143§ionId=45718§ionno=138]. Registry practice in Delhi is that court'fee for a criminal complaint is nominal (commonly token stamps of about Rs.2'Rs.25), with vakalatnama/court stamps separately (vakalatnama -Rs.30; small process/service fees also apply). [practical guide: https://www.raizadaassociates.com/blog/cheque-bounce-complaint-in-delhi/; Q&A noting token fee Rs.2: https://lawrato.com/cheque-bounce-legal-advice/what-are-the-provisions-regarding-138-ni-act-court-fees-243792; vakalatnama/process fee practice: https://www.scribd.com/document/528285931/internship-report]. Advocate fees for a straightforward '50,500 cheque'bounce case in Delhi commonly range roughly Rs.8,000'25,000 (total outlay including process expenses typically Rs.10,000'30,000); fees vary by lawyer/complexity'confirm with counsel. [practical guide: https://www.raizadaassociates.com/blog/cheque-bounce-complaint-in-delhi/]. If parties settle, compounding costs may be imposed as per Supreme Court guidelines in Damodar S. Prabhu v. Sayed Babalal H. (2010) (graded costs 0'10'15'20% depending on stage). [judgment: https://indiankanoon.org/doc/1594211/]. Note: the new criminal codes (BNS/BNSS/BSA) have been notified but do not replace the Negotiable Instruments Act; check local registry for any procedural changes before filing. [overview: https://mpcg.ndtv.in/india/three-new-laws-bnss-bns-and-bsa-come-into-force-from-1-july-2024-6007183].
The court fee for filing a case under Section 138 of the Negotiable Instruments Act (NI Act), which deals with cheque bounce cases, varies by state and is usually calculated as a percentage of the cheque amount. For instance, in Kerala, the fee is Rs 250 for cheques up to Rs 10,000 and 5% of the amount for cheques exceeding that, capped at Rs 3,00,000. In Delhi, the court fee is typically 7.5% of the cheque amount, with a minimum of Rs 100 and a maximum of Rs 5,000. The exact fee structure may differ depending on local laws and court rules, so it's advisable to verify with the relevant district court or consult a local lawyer.
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