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What can be court fee and other stamp duties in cheque bounce case ?


08-Feb-2023 (In Documentation Law)
The present case pertains to Cheque bouncing U/s. 138 of the Negotiable Instruments Act, 1881 in the state of Gujarat, Kutch. May I be apprised by the respected learned counsels on the following subject issues: 1. What is the precise amount or percentage of Court fees to paid before filing a Criminal Complaint before the Magistrates Court in the state of Gujarat, Kutch ? 2. I have heard that the complainant is not required to pay any court fees for filing complaints U/s. 138 of N.I. Act. To the contrary, the Accused is required to pay the required Court fees. Is this true ? 3. I have also heard that if settlement is arrived at between the complainant and the Accused, then in that case, 10 % of the cheque amount has to be paid as 'Court Fees. Is this True ? If yes, then who is required to pay the said Court fees in lieu of Settlement - Complainant or the Accused or 50-50 ratio ? Awaiting the precious inputs of all the esteemed lawyers. Warm Regards.
Answers (1)

Answer #1
770 votes
Taking into consideration the above facts and your query therein.

When a cheque is bounced. You may file a criminal case under Sec 138 of NI Act against the defaulter.
For the purpose of filing the case you will need all the bill issued to him , acknowledgments( IF Any ) , Valid cheque instrument, valid Cheque memo.
For the purpose of Court fee you have to first send legal notice through lawyer within 30 days from cheque bounce date. If other party not make payment then you have to file cheque bounce case under sec 138 of Negotiable Instruments Act. Thje court fees for filing case is 2% of amount.

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