Is a court fee is applicable for Complaints under Section 138 of the Negotiable Instruments Act?

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Lily Chitlangiya asked 29-Nov-2021 in Law & Legal Issues by Lily Chitlangiya

Is a court fee is applicable for Complaints under Section 138 of the Negotiable Instruments Act?

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Sanjay Goenka answered 30-Nov-2021 by Sanjay Goenka

Yes, a very small amount of normal fee is applicable to file a case under section 138 of the Negotiation Instrument


Generally, it is known in the Courts that a nominal fee of something about 5 or 2 rupees is applicable in the filing of the cases under section 138 of the NI act. It also varies from state to state like in Gurgaon it is 2 rupees and in Maharashtra, it is 5 rupees. Besides this, if I talk about the general fees of filing criminal cases then there are not any filing charges are required. Excluding some of the general charges in the photostat and some tickets which are used during making the file ready for filing.

Is a court fee is applicable for Complaints under Section 138 of the Negotiable Instruments Act?

In this section of the act, the provision of punishment has been given to the payee who didn’t get his money or the promised return from the drawer who make any promise or sign a contract with the person to pay him, an amount of money, debt money, hundies, Liquidated damage of the drawer money. If the cheque is dishonored then the payee can go to Court in order to avail his legal remedy, in which the court can punish him with imprisonment of up to 2 years or the double amount of the cheque. Or with both.

Process of filing petition
  • The payee should submit the cheque to the bank within the time three months of issuing or the validity date of the cheque.
  • The cheque should be get dishonored by the bank while the payee submits it to the bank to get money.
  • The same person who is the payee in this situation should send a legal notice to the drawer related to the information of dishonoring of the cheque.
  • The drawer has 15 days of the period to return his money as was mentioned in the cheque.
  • After the expiry of the 15 days of the period of the informing about the notice, the payee can file a Criminal petition in the related court to take his money or compel the defendant to obey his promissory notes or contract.