LawRato

what are the provisions regarding 138 ni act court fees ?


08-Jul-2024 (In Cheque Bounce Law)
Could you please let me know - know how much court fee for 138 ni act case and other estimated legal cost I could incur if I file a case under section 138 of NI Act at Saket Court, Delhi to recover money of Rs. 50,500 against which cheque was issued by the defaulter/Issuer/Drawer.
Answers (5)

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].

Answer #1
314 votes

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.

Helpful? LawRato LawRato
Answer #2
617 votes
Dear Sir/Madam The court fees for the Suit u/s 138 NI Act 1881 is very nominal or you can say nothing at all.But there are certain things of Limitation which has to be monitored for actually having the suit in your favour eg:Service of legal notice and filing of suit in Limitation period which are very short .
Helpful? LawRato LawRato
Answer #3
869 votes
There is nominal fee for cheque bounce case but if u file a civil case than you have to pay court fee according to court fee act. Herein no Adv would disclose the fee for filing the complaint. Therefore.
Helpful? LawRato LawRato
Answer #4
730 votes
Court fees is Rs. 2 for a complaint u/s 138 NI act, rest it is the lawyers fees which can vary from lawyer to lawyer. Rest for a cheque of small amount it is usually better to try to settle the dispute as it can cost you high.
Helpful? LawRato LawRato
Answer #5
556 votes
There is no court fees for filing in Delhi. The legal cost would be 10 % of total amount recovered. so for Rs. 50,500 cheque assuming the court agrees to award Rs. 1,00,000/- ( as per law you are entitled to upto twice the cheque value and otherside is liable to be put in jail for upto 2 years) you would incur Rs. 10,000/- and your total earnings would be Rs. 90,000/- out of a case which may realistically last from a year to 3 years maximum.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."