Legal Question in Banking Law in India

cheque bounce

345000 cheque was bounced is there any necessity of paying court fees at the rate of 2percent


Asked on 8/21/08, 2:25 pm

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: cheque bounce

If you wish to pursue criminal prosecution of the drawer, no court fee is payable. you should first issue a demand notice; and if you do not receive the money, you may file a criminal complaint under section 138 NEGOTIABLE INSTRUMENTS ACT.

If you would like to file a civil suit, the court fee is payable; the amount of court fee differs from State to State. You need to check the stamp duty schedule of your State.

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Answered on 8/21/08, 10:21 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: cheque bounce

Yes payment of court fees for filing the case is necessary.

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Answered on 8/24/08, 6:26 am
HARSH SURANA SURANA LAW OFFICES

Re: cheque bounce

No court fees is to be paid in such cases. Bouncing of cheque is these days a criminal offence also. Negotiable Instruments Act is applicable.

Legal Notice is to be sent before filing of case.

Best regards,

Harsh Surana, LL.M.

[email protected]

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Answered on 8/22/08, 5:20 am


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