Legal Question in Criminal Law in India

under 138NIA for 10 lakhs of cheque return. what will be charged by the court to file the case, my lawyer say it will cost around Rs25,000/-, for stampduty paper, registration,etc,. is it true, this does not include in his fees.

i have got the reply but iam not convinced, because there is some ammendement, in the law as per the supreme court order,as there are lot pending cases ......, now the stampduty is on the persentage basis,of the total value of the cheque bounced,.so that only genuine cases come up.

this stampduty value is also recoverable, like lawyers fees. from the party.

Iam totaly confused, as I will have to file the case by 5th of april 2011, in the court.


Asked on 3/15/11, 7:07 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

There is very nominal court fee for filing a criminal complaint. In delhi it is just Rs. 1 and paise 25. ofcourse the other cost may be there in typing of complaint, photocopies but in any event the court fee will not go to 25,000 unless any state by amendment has done so.

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Answered on 3/15/11, 7:42 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

the court fees in Maharashtra when the amount of cheque exceeds Rs 10,000/- is Rs 200/- for every Rs 10,000/- or part thereof, subject to a minimum of Rs 1,50,000/- . So only the court (Stamp)fees payable by you will be Around Rs 20,000/-. you will also have to pay process fees etc.

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Answered on 3/16/11, 12:16 am


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