MUKESH TIWARI Vs. JANKI SINGH

JUDGEMENT

(1.) This miscellaneous criminal case is directed against the order dated 04.08.2015 passed by the Court of 9 th ASJ, Jabalpur in criminal revision No.268/2015, whereby the order dated 07.07.2015 passed by the Court of JMFC, Jabalpur in complaint case No.3673/2011 declining to dismiss the private complaint for failure of the complainant to deposit Court fees along with the private complaint, was upheld.

(2.) The facts necessary for disposal of this miscellaneous criminal case, in nutshell, are as follows: Respondent complainant Janki Singh (hereinafter referred to in this order as âthe complainantâ), filed a complaint under Section 138 of the Negotiable Instruments Act against the petitioner accused Mukesh Tiwari (hereinafter referred to in this order as âthe accusedâ) in the Court of JMFC, Jabalpur on 27.08.2011. As per Article 2 (1) (b) of the Court Fees Act, 1870 inserted by the Court Fees ( M.P. Amendment) Act, 2008 (No.6 of 2008) Section 8 published in M.P. Rajpatra (Extra -Ordinary) dated 02.04.2008 pages 380 (1 -2), the complainant was required to pay the Court fees in the sum of Rs.96,000/ - on the complaint. Out of aforesaid amount, he paid Court fees worth Rs.80,000/ - on 14.02.2013 and worth Rs.16,000/ - on 04.03.2013; thereafter, the private complaint was registered and process was issued against the petitioner on 08.03.2013.

(3.) Upon his appearance, petitioner moved an application dated 07.07.2015 (Annexure P/3 filed along with this petition) before the trial Court submitting that the complaint was filed only on Court fees stamps worth Rs. 500/ -; as such, it was not maintainable for want of adequate Court fees. Learned Magistrate observed that the complainant had deposited the Court fees stamps worth Rs.80,000/ - on 14.02.2013 and Rs.16,000/ - on 04.03.2013; however, since the stamp papers being bulky, were kept separately by the Reader. The accused was under the impression that the complaint was filed only on the Court fees stamps worth Rs.500/ -; however, since the entire amount of Court fees has been paid, the application dated 07.07.2015 is liable to be dismissed. Accordingly, the application was dismissed by the trial Court.