PADMAJA DEVI Vs. VIDHYA

JUDGEMENT

(1.) The petitioners in these Crl.M.Cs had filed CMP Nos.2116 of 2024 and 2121 of 2024 under Sec. 138 read with 142 of the Negotiable Instruments Act before the Judicial Magistrate of First Class-I, Neyyattinkara. According to the complainants, they had e-filed the complaints on 30/3/2024, before the Kerala Finance Act of 2024 came into effect on 1/4/2024, and are therefore entitled to pay court fees at the pre-enhanced rates. On the other hand, the court below held that the complaints were e- filed only on 3/4/2024 and insisted on payment of court fees at the enhanced rate. As the petitioners failed to pay the court fees, in spite of granting opportunity, the complaints were rejected. Aggrieved, the Criminal Miscellaneous Cases have been filed.

(2.) Learned counsel for the petitioners asserted that the complaints were e-filed on 30/3/2024 and produced Annexure A1, claiming it to be the e-filing records of the court. In view of the assertion, reports were called from the jurisdictional Magistrate. In the report thus filed, the learned Magistrate has stated that, as per the entries in the e-filing portal, the complaints were received only on 3/4/2024. The e-filing number of the CMPs are also mentioned in the report. It is also reported that the complaints were physically filed on 1/4/2024. For the sake of clarity, the filing details were obtained through the NIC and I.T.Technical Cell of the High Court. The I.T.Technical Cell, in turn, obtained a report from the SSO, District Court, Thiruvananthapuram, as per which also the complaints were e-filed on 3/4/2024.

(3.) The Electronic Filing Rules for Courts (Kerala), 2021 governs the procedure for e-filing of cases before the High Court and the Subordinate Courts. As per Rule 13(2), the date of electronic filing for computation of period of limitation shall be taken as the date when the action is electronically received in the Registry within the time(Indian Standard Time) prescribed under the relevant Act/Rules and Orders issued from time to time. It is thus clear that the relevant date, as far as efiling is concerned, is the date on which the action is electronically received in the Registry.