Court Fees for a Cheque Bounce Case in India: Total Cost of Filing and Fighting a Section 138 Case (2026)

Court fees for a cheque bounce complaint under Section 138, Negotiable Instruments Act, 1881 are set by each state, not by the NI Act. In most states the fee is a small fixed amount, but some states, such as Kerala, now charge slab fees linked to the cheque amount. The total cost also includes the advocate’s fee, the notice, process fees and possible settlement costs.

Key Takeaways

• Court fees for a cheque bounce complaint are fixed by state court fees laws, so the amount depends on the state where the case is filed.
• In most states, the court fee on a Section 138 criminal complaint is a modest fixed amount, not a percentage of the cheque amount.
• Kerala charges slab-based court fees on Section 138 complaints linked to the cheque amount, under amendments made by the Kerala Finance Act, 2025, which the Kerala High Court upheld on 31 October 2025.
• A civil recovery suit on a bounced cheque usually attracts ad valorem court fees, which means a percentage of the amount claimed, and is far costlier than a criminal complaint.
• Under the Supreme Court’s 2025 guidelines in Sanjabij Tari v. Kishore S. Borcar, an accused who pays before defence evidence is recorded can settle at no extra cost; later settlement costs 5%, 7.5% or 10% of the cheque amount.
• The largest cost in most cheque bounce cases is the advocate’s fee, which depends on the city, the advocate’s experience and the number of hearings.

Introduction

Before filing a cheque bounce case, most people ask one practical question: how much will it cost?

The answer has two parts. The court fee itself is usually small, but it differs from state to state, and a few states have recently increased it. The total cost of the case, including the legal notice, advocate’s fees, process fees, and possible interim compensation or settlement costs, is what really matters.

This guide explains how court fees for cheque bounce cases work, which states charge more, what the other costs are, how the costs compare with a civil suit, and how the money can be recovered.

How Are Court Fees for a Cheque Bounce Case Decided?

Court fees are decided by each state’s court fees law, not by the Negotiable Instruments Act. The NI Act creates the offence; the state decides what you pay to file.

What the law says

(a) The statute: The Negotiable Instruments Act, 1881 does not prescribe any court fee. Court fees fall under the state’s power over the administration of justice, and each state has its own law, such as the Court Fees Act, 1870 as amended by the state, or a state-specific Act like the Maharashtra Court-fees Act, 1959 or the Kerala Court Fees and Suits Valuation Act, 1959.

(b) What courts have held: In Kerala High Court Advocates’ Association v. State of Kerala (judgment dated 31 October 2025), a Division Bench of the Kerala High Court dismissed a challenge to the increased court fees introduced by the Kerala Finance Act, 2025, including fees for Section 138 complaints.

(c) Practical advice: Ask your advocate or the court’s filing section for the current court fee in your district before filing. Fees can change through a state budget or finance Act.

The law at a glance

Court Fees for a Section 138 Complaint: State-Wise Position

Most states charge a modest fixed fee for a criminal complaint, but a growing number link the fee to the cheque amount.

Kerala: slab fees based on the cheque amount

Following the Kerala Finance Act, 2025, Schedule II, Article 17(a) of the Kerala Court Fees and Suits Valuation Act, 1959 provides slab-based fees for Section 138 complaints. The Kerala High Court upheld the revision on 31 October 2025.

[VERIFY: confirm these slabs against the official text of the Kerala Finance Act, 2025 before publishing.]

Other states

In most other states, the court fee for filing a criminal complaint, including a Section 138 complaint, is a small fixed amount prescribed in the state’s court fees schedule, with a separate process fee for issuing summons. The exact amounts vary and are revised from time to time.

Why your state matters: Under Section 142(2)(a) of the NI Act, the complaint is filed where the payee’s bank branch is located if the cheque was deposited in the payee’s account. So the fee is usually that of the state where your own bank branch is.

What Is the Total Cost of a Cheque Bounce Case?

The court fee is usually the smallest part. The main costs are the advocate’s fee and, for the accused, any compensation or settlement amount.

Costs for the complainant (payee)

Costs for the accused (drawer)

Advocate’s fees

Advocate fees are not fixed by law and vary widely by city, the advocate’s experience, the cheque amount and the number of hearings. Some advocates charge a fixed fee for the whole case; others charge per appearance. Ask for a written fee quote covering the notice, filing, each hearing and the final arguments.

The Bar Council of India rules generally prohibit advocates from charging a fee that is a share of the amount recovered, so be cautious of any “percentage of recovery” arrangement.

How Much Does It Cost to Settle a Cheque Bounce Case?

Settling early is the cheapest outcome for both sides. After Sanjabij Tari (2025), settling before defence evidence costs nothing beyond the cheque amount.

In Sanjabij Tari v. Kishore S. Borcar (2025 INSC 1158), the Supreme Court revised the compounding costs set in Damodar S. Prabhu v. Sayed Babalal H. (2010), reducing them from 10%, 15% and 20%.

These costs are usually paid to the Legal Services Authority. The Supreme Court also directed district courts to set up online or UPI payment facilities so accused persons can pay the cheque amount directly.

Settlement in Lok Adalat

Cheque bounce cases are often settled in National Lok Adalats. A Lok Adalat settlement is final and binding under the Legal Services Authorities Act, 1987. Under Section 21 of that Act, court fees paid in a case that is settled in Lok Adalat are refundable in the manner provided under the Court Fees Act, 1870. Whether and how this applies to a criminal complaint depends on state rules [VERIFY: refund practice for Section 138 complaints in your state].

Criminal Complaint vs Civil Suit: Which Costs More?

A criminal complaint usually has a much lower court fee, while a civil suit costs more upfront but can recover interest.

You can use both routes together. Many payees file a Section 138 complaint for pressure and a civil suit to recover interest.

Worked Example: Estimating the Cost of a Case

This example shows how costs add up for a complainant in Kerala.

Thomas Mathew, a trader in Kochi, receives a cheque for ₹3,00,000 from a buyer, Suresh Pillai. The cheque bounces in August 2026.

The court fee is a small part of Thomas’s total cost. His main outlay is his advocate’s fee, which he can ask the court to factor in when directing compensation on conviction.

How Can the Complainant Recover Costs?

The complainant can recover costs through compensation on conviction, settlement terms or a civil suit.

• Compensation on conviction: The court can direct the fine, which may be up to twice the cheque amount, to be paid to the complainant as compensation under Section 395 BNSS (earlier Section 357, CrPC). This allows the court to account for litigation costs.
• Interim compensation: Up to 20% of the cheque amount during the trial (Section 143A).
• Settlement terms: Include notice and legal costs in a written settlement, if the drawer agrees.
• Civil suit: Claim interest and costs along with the principal.
• MSME claim: Registered micro and small enterprises can claim compound interest at three times the RBI bank rate under Section 16 of the MSMED Act, 2006.

Documents Needed When Paying Court Fees

• Complaint and synopsis, signed
• Affidavit of evidence, attested
• Original cheque and return memo (to be produced before the court)
• Copy of the legal notice and proof of service
• Vakalatnama
• Court fee stamps or e-stamp or e-payment receipt, as accepted in your state
• Process fee and copies of the complaint for each accused

Common Mistakes About Court Fees and Costs

• Assuming the fee is the same in every state. It varies, and some states now charge slab fees.
• Paying an outdated fee. Fees change through state budgets; underpayment can lead to the complaint being returned.
• Choosing the cheapest route without thinking about interest. A civil suit costs more but can recover interest.
• Not getting a written fee quote from the advocate.
• Delaying settlement as the accused. Every stage after defence evidence adds 5% to 10% of the cheque amount.
• Ignoring interim compensation. An accused who does not pay an order under Section 143A can face recovery proceedings as if it were a fine.

Key Court Rulings Relevant to Costs

FAQs

1. What is the court fee for a cheque bounce case in India?
It depends on the state where the complaint is filed. Most states charge a small fixed fee for a Section 138 criminal complaint, along with a process fee for summons. Some states, such as Kerala, now charge slab fees linked to the cheque amount, ranging from ₹250 to ₹10,000 under the 2025 amendment.

2. Is the court fee for a cheque bounce case a percentage of the cheque amount?
Usually not for a criminal complaint. In most states it is a fixed amount. Kerala uses slabs based on the cheque amount, but these are fixed sums for each slab, not a percentage. A civil recovery suit, by contrast, usually attracts ad valorem court fees calculated as a percentage of the amount claimed.

3. What is the court fee for a cheque bounce case in Kerala?
Under the Kerala Finance Act, 2025, the fee ranges from ₹250 for cheques up to ₹50,000 to ₹10,000 for cheques above ₹50 lakh, in seven slabs. The Kerala High Court upheld the revised fees on 31 October 2025. Confirm the current figure with the court’s filing section before filing.

4. How much does it cost in total to file a cheque bounce case?
The total cost includes postage and drafting for the legal notice, the court fee, process fees, notarisation, and the advocate’s fee for filing and each hearing. The court fee is usually the smallest item. Advocate fees vary widely by city and experience, so ask for a written quote before engaging.

5. Who pays the court fee in a cheque bounce case?
The complainant pays the court fee when filing the complaint. On conviction, the court can direct the accused to pay compensation, which can be up to twice the cheque amount, and this can take the complainant’s costs into account. A settlement can also include an agreed amount for costs.

6. Can I get my court fee refunded if the case is settled?
Possibly, depending on the state and the forum. Section 21 of the Legal Services Authorities Act, 1987 provides for refund of court fees when a case is settled in Lok Adalat, and Delhi’s 2026 amendment provides full refunds on settlement in civil cases. Check your state’s rules for Section 138 complaints.

7. Is a civil suit or a criminal complaint cheaper for a bounced cheque?
A criminal complaint is usually much cheaper to file, because its court fee is small and often fixed. A civil summary suit under Order XXXVII CPC costs more upfront because of ad valorem court fees, but it can recover interest and costs. Many payees use both remedies together.

8. How much does the accused have to pay to settle a cheque bounce case?
The cheque amount, plus a compounding cost that depends on the stage. Under Sanjabij Tari v. Kishore S. Borcar (2025), there is no extra cost before defence evidence is recorded; after that, it is 5%, then 7.5% in appeal or revision before the Sessions Court or High Court, and 10% before the Supreme Court.

9. Do I have to pay 20% of the cheque amount to appeal a conviction?
Possibly. Under Section 148 of the NI Act, the appellate court may order the convicted person to deposit at least 20% of the fine or compensation awarded by the trial court. The Supreme Court has treated this as the normal rule, with exceptions only in special circumstances recorded by the court.

10. Do advocates charge a percentage of the cheque amount?
They should not. Bar Council of India rules generally prohibit advocates from taking a share of the amount recovered in a case. Advocates usually charge a fixed fee or a per-hearing fee. Always agree the fee in writing, covering the notice, filing, hearings and arguments.

Conclusion

Court fees for a cheque bounce case are set by your state and are usually modest, but they are rising in some states, such as Kerala. The total cost depends far more on the advocate’s fee and how long the case runs. Check the current fee with the court before filing, get a written fee 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.

Disclaimer: This article is general legal information for awareness and is not legal advice. Court fees and costs differ between states and courts and change from time to time. Please confirm the current fees with the court or a qualified advocate before filing.