Cheque Bounce Court Fees in Rajasthan: Complaint, Appeal, Civil Suit and Settlement Costs (2026)

In Rajasthan, court fees for a cheque bounce case under Section 138, Negotiable Instruments Act, 1881 are governed by the Rajasthan Court Fees and Suits Valuation Act, 1961, not by the NI Act. A criminal complaint attracts a fixed fee, while a civil recovery suit attracts ad valorem fees based on the amount claimed. Settlement costs are set nationally by the Supreme Court and are nil before defence evidence.

Key Takeaways

• Court fees for cheque bounce cases filed in Rajasthan are governed by the Rajasthan Court Fees and Suits Valuation Act, 1961, which applies to courts across the state, including Jaipur, Jodhpur, Udaipur, Kota, Ajmer and Bikaner.
• A Section 138 criminal complaint in Rajasthan attracts a fixed court fee, not a percentage of the cheque amount, along with a process fee for issuing summons.
• A civil suit to recover the cheque amount in Rajasthan attracts ad valorem court fees, calculated as a percentage of the amount claimed, which is usually far higher than the fee on a criminal complaint.
• The cost of compounding a cheque bounce case is fixed nationally by the Supreme Court in Sanjabij Tari v. Kishore S. Borcar (2025): nil before defence evidence, then 5%, 7.5% or 10% of the cheque amount.
• Interim compensation of up to 20% of the cheque amount under Section 143A of the NI Act and an appeal deposit of at least 20% under Section 148 are not court fees, but they are significant costs for the accused.
• A case is filed in Rajasthan, and Rajasthan fees apply, when the payee’s bank branch where the cheque was deposited is in Rajasthan, under Section 142(2)(a) of the NI Act.

Introduction

If you are filing or defending a cheque bounce case in Rajasthan, the cost question has two parts. The first is the court fee, which is set by Rajasthan’s own law and differs from other states. The second is everything else: the legal notice, the advocate’s fee, interim compensation, appeal deposits and settlement costs.

This guide explains which Rajasthan law governs court fees, what fees apply to a cheque bounce complaint, an appeal, a revision, a High Court petition and a civil suit, how fees are paid, and what the total cost of a case usually involves.

Which Law Decides Court Fees for Cheque Bounce Cases in Rajasthan?

Court fees in Rajasthan are decided by the Rajasthan Court Fees and Suits Valuation Act, 1961, and the rules made under it.

What the law says

(a) The statute: The Negotiable Instruments Act, 1881 creates the cheque bounce offence but does not fix court fees. Court fees are a state subject, and in Rajasthan they are prescribed by the Rajasthan Court Fees and Suits Valuation Act, 1961 (Act No. 23 of 1961) and its schedules, as amended from time to time.

(b) What courts have held: In Jai Balaji Industries Ltd. v. HEG Ltd. (2025), the Supreme Court confirmed that a Section 138 complaint for an account payee cheque must be filed where the payee’s home branch is located. So if your home branch is in Rajasthan, the case is filed in Rajasthan and Rajasthan’s fees apply.

(c) Practical advice: Fees are revised by the state from time to time. Always confirm the current fee with the court’s filing section or your advocate before filing, as an incorrect fee can lead to objections.

The law at a glance

Court Fees for a Cheque Bounce Case in Rajasthan

A criminal complaint carries a fixed fee; a civil suit carries a fee based on the amount claimed.

Note: These entries are placeholders pending confirmation from the current official text of the Rajasthan Court Fees and Suits Valuation Act, 1961 and any recent amendments.

Why the criminal route is cheaper to file

A Section 138 complaint is a criminal complaint, so it attracts a small fixed fee regardless of the cheque amount. A civil suit for the same amount attracts ad valorem fees, which rise with the amount claimed. This is one reason most payees in Rajasthan file a Section 138 complaint first, and use a civil suit mainly to recover interest or larger sums.

How Are Court Fees Paid in Rajasthan?

Court fees in Rajasthan can be paid through court fee stamps or the state’s electronic payment system, depending on the court.

• Court fee stamps affixed to the complaint, petition or application
• Electronic payment through Rajasthan’s online government receipt system, where accepted by the court [VERIFY: current e-payment system accepted by Rajasthan courts for court fees]
• E-filing through the eCourts services, where available, with online fee payment

Keep the receipt or stamped copy with your case file. Your advocate or the court’s filing section can confirm which mode the particular court accepts.

Total Cost of a Cheque Bounce Case in Rajasthan

The court fee is usually the smallest cost. The advocate’s fee and, for the accused, compensation and settlement amounts matter far more.

Costs for the complainant

Costs for the accused

Advocate’s fees

Advocate’s fees are not fixed by law and vary across Rajasthan’s cities, the advocate’s experience and the number of hearings. Ask for a written quote covering the notice, filing, each hearing and final arguments. Bar Council of India rules generally prohibit advocates from charging a share of the amount recovered.

Settlement Costs in Rajasthan

Settlement costs are fixed by the Supreme Court and are the same in Rajasthan as everywhere else in India.

These costs are usually deposited with the Legal Services Authority. The Supreme Court in Sanjabij Tari (2025) also directed district courts to set up online and UPI payment facilities so accused persons can pay cheque amounts directly.

Lok Adalat and court fee refund

Cheque bounce cases in Rajasthan are often settled in National Lok Adalats organised through the Rajasthan State Legal Services Authority (RSLSA) and the District Legal Services Authorities. Under Section 21 of the Legal Services Authorities Act, 1987, when a pending case is settled in a Lok Adalat, the court fee paid is refunded in the manner provided under the Court Fees Act, 1870. How this applies to a Section 138 complaint in Rajasthan depends on the state’s rules [VERIFY: refund practice in Rajasthan for Section 138 complaints settled in Lok Adalat].

Worked Example: Estimating Costs for a Jodhpur Case

This example shows how costs add up for a complainant whose bank branch is in Jodhpur.

Sunil Bhati, a handicrafts exporter in Jodhpur, receives a cheque for ₹6,00,000 from a buyer in Delhi. The cheque bounces in July 2026, and Sunil’s home branch is in Jodhpur.

If Sunil also files a civil suit for interest, he would pay ad valorem court fees on the amount claimed, which would be much higher than the criminal complaint fee.

Common Mistakes About Court Fees in Rajasthan

• Paying an outdated fee after a revision, leading to objections.
• Assuming the fee is a percentage of the cheque amount for a criminal complaint.
• Filing a civil suit only and paying much higher fees without first using the Section 138 route.
• Forgetting process fees for each accused.
• Not keeping fee receipts or stamped copies.
• Delaying settlement as the accused, which adds 5% to 10% of the cheque amount.

Key Court Rulings Relevant to Costs in Rajasthan

FAQs

1. What is the court fee for a cheque bounce case in Rajasthan?
The court fee for a Section 138 complaint in Rajasthan is a fixed amount prescribed under the Rajasthan Court Fees and Suits Valuation Act, 1961, not a percentage of the cheque amount. A separate process fee is payable for summons. Confirm the current amount with the court’s filing section before filing.

2. Which law governs court fees in Rajasthan?
The Rajasthan Court Fees and Suits Valuation Act, 1961 governs court fees in all courts in Rajasthan. The Negotiable Instruments Act does not fix court fees; it only creates the offence and the procedure.

3. Is the court fee in Rajasthan based on the cheque amount?
Not for a criminal complaint, which carries a fixed fee. A civil suit to recover the cheque amount, however, attracts ad valorem court fees calculated on the amount claimed, under the same Rajasthan Act.

4. When do Rajasthan court fees apply to my cheque bounce case?
When the case is filed in Rajasthan. Under Section 142(2)(a) of the NI Act, a complaint for an account payee cheque is filed where the payee’s home branch is located. If your branch is in Rajasthan, the case is filed there and Rajasthan fees apply, even if the drawer lives elsewhere.

5. How do I pay court fees in Rajasthan?
Usually by court fee stamps or through the state’s electronic payment system, depending on what the particular court accepts. Where e-filing is available, fees may be paid online. Keep the receipt with your case file.

6. Is the court fee refunded if the case is settled in Lok Adalat?
Section 21 of the Legal Services Authorities Act, 1987 provides for refund of court fees when a pending case is settled in Lok Adalat. How this applies to a Section 138 complaint in Rajasthan depends on the state’s rules, so check with the court or the District Legal Services Authority.

7. How much does it cost to settle a cheque bounce case in Rajasthan?
The cheque amount plus a compounding cost fixed by the Supreme Court in Sanjabij Tari v. Kishore S. Borcar (2025): nil before defence evidence, 5% after it, 7.5% in appeal or revision before a Sessions Court or the Rajasthan High Court, and 10% before the Supreme Court.

8. What is the court fee for a quashing petition in the Rajasthan High Court?
Petitions to quash cheque bounce proceedings under Section 528 BNSS (earlier Section 482 CrPC) are filed in the Rajasthan High Court at Jodhpur or its Jaipur Bench, with a fixed court fee prescribed under the Rajasthan Act. Your advocate can confirm the current amount.

9. Is a civil suit or a criminal complaint cheaper in Rajasthan?
A criminal complaint is much cheaper to file because it carries a fixed fee. A civil suit carries ad valorem fees on the amount claimed but can recover interest and costs. Many payees use the criminal route first and a civil suit for larger claims or interest.

10. Are advocate fees fixed for cheque bounce cases in Rajasthan?
No. Advocate fees are not fixed by law and vary by city, experience and the number of hearings. Ask for a written quote covering the notice, filing, hearings and arguments. Bar Council of India rules generally prohibit fees based on a share of the amount recovered.

Conclusion

In Rajasthan, the court fee for a cheque bounce complaint is a fixed amount under the Rajasthan Court Fees and Suits Valuation Act, 1961, while a civil suit attracts much higher ad valorem fees. Settlement costs, interim compensation and appeal deposits follow national rules. Confirm the current fee with the court before filing, get a written quote from your advocate, and remember that early settlement is the cheapest outcome for both sides. For advice on your specific situation, consult a qualified advocate.