BEJEESKUMAR.M Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the complainant in Crl.M.P.No.2863/2024, on the file of the Court of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam, (Trial Court) which is filed against the respondents 2 to 4, alleging them to have committed the offences punishable under Sec. 138 of the Negotiable Instruments Act, 1881, ('NI Act', in short).

(2.) The petitioner has stated in the criminal miscellaneous case that, on presenting the complaint before the above Court, he was directed to pay court fees at the rate of 0.5 percent of the cheque amount as per the Kerala Finance Bill, 2024. The petitioner is facing severe financial stringency, and is, therefore, not in a position to pay the court fee. In the above circumstances, the petitioner filed an application to dispense with payment of the court fee. However, by the proceeding dtd. 12/6/2024 (Annexure AIV), the learned Magistrate has rejected the application. Annexure AIV proceeding is patently erroneous and unjustifiable. Hence, the Crl.M.C.

(3.) When the Crl.M.C came up for consideration on 4/2/2026, this Court had called for a report from the Registrar (District Judiciary) of this Court, to ascertain the date on which the Kerala Finance Bill, 2024, which proposed the amendments to the Kerala Courts Fees and Suits Valuation Act, 1959, ( 'KCF & SV Act', in short), came into force.