MUMBAI: The Bombay high court has asked a petitioner to give details of delays in cheque bouncing cases due to inappropriate procedures adopted by magistrates in a petition challenging collection of court fees in Mumbai in such cases .
The HC recently issued notice to the state government on a petition that has questioned the practice of collection of court fees for complaints filed in court in cheque bouncing cases. The petition filed by a steel trading company, Rohit & Company has pointed out that last October the Supreme Court in a judgment ruled that no court fees are to be payable on complaints under section 138 of the negotiable instruments act.
The SC judgment was in a Delhi case. But advocate Sidhharth Murarka counsel for the petitioner said that the SC ruling meant that even in Mumbai no court fees must be payable for such cases under section 138 of Negotiable Instruments Act. He said cheque bouncing was a penal offence and argued that hence no fees ought to be paid. He said the government has falsely enriched itself by levying court fees in cheque bouncing complaints which are in lakhs, and has thus exploited litigants.
Murarka said verification of complaints of dud cheques are often not done for months and litigants get a date after two months just for verification. The HC bench of chief Justice Mohit Shah and Justice Anoop Mohta gave no stay but asked the counsel to file an affidavit within a week giving details about the "unusual delays in appropriate steps'' taken by magistrates in cheque bouncing cases. The HC will hear the matter next on February 12.
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