No court fees for victims of dud cheques, says SC

No court fees for victims of dud cheques says SC

‘Unfair to charge people for filing cases related to bounced cheques’

Courtesy of Bapu.Deedwania @timesgroup.com
Thanks to Times Group.

    The Supreme Court last week ruled that complainants in cheque-bounce cases will not have to pay court fees. Under the Court Fees Act (2012), a litigant has to shell out at least Rs 1,000 for the filing of the cheque-bounce case (earlier, this fee was Rs 1.25). Similarly, no court fees will be charged for submitting written statements in civil matters and seeking review of judgments.
    The Supreme Court was hearing a special leave petition (SLP) by the Delhi state government after the Delhi Bar Association challenged its notification on increase in court fees.
    A bench led by Justice G S Singhvi asked the Delhi government not to charge litigants if they filed cases relating to bounced cheques under the Negotiable Instruments (NI) Act.
    Thebenchsaidthatitwasnotrighttochargea litigant for filing an application for review of the judgment, since such pleas were made to bring to a court's notice its inadvertent mistakes.
    “Howcanyouchargethemforfilingcasesunder the NI Act?” the bench asked, “There cannot be a justification for this. It is not a money-claim for recovering some amount but the legislature has made it a punishable offence...it is a penal charge. Also, how can a litigant be faulted for a possible mistake by a court?”
    The court order read: “We direct that the interim order passed by this court on September 26 shall stand modified in the following terms: no court fee shall be payable on written statements simplicity; no court fee shall be payable under Section 138 of NI Act and applications for review.”
    Advocate Mohit Chaudhary, member of the Delhi Bar Association who argued against the court fee hike, said: “Such a hike is oppressive, and will act as a deterrent for those persons who need to approach the courts the most. Through such irresponsible hikes, even the Goddess of Justice has been kept out of reach of common and honest people.” Welcoming the SC order, Mumbai-based Ravi Goenka of Goenka Law Associates, who has argued many cases filed under Section 138 of the Negotiable Instruments Act, said:“Thiswillhelpmorevictimsofdudcheques to come forward and file complaints. Litigation is a lengthy process, and many people are discouraged by the huge court fees.”