NEGOTIABLE INSTRUMENTS ACT, 1881 – Sections 138, 142 – KERALA FINANCE ACT, 2024 – ELECTRONIC FILING RULES FOR COURTS (KERALA), 2021 – Rule 13(2) – COURT FEES – ENHANCED RATES – E-FILING DATE – REJECTION OF COMPLAINTS
(2025) 6 KCD 307 : 2025 KER 54619
HIGH COURT OF KERALA AT ERNAKULAM
V.G. ARUN, J.
CRIMINAL MISCELLANEOUS CASE NOS. 9186 OF 2024 & 9225 OF 2024 DATED: JUNE 30, 2025
Facts: Petitioners in Crl.M.C. Nos. 9186/2024 (S. Padmaja Devi) and 9225/2024 (Mrs. Geetha.P) filed CMP Nos. 2116/2024 and 2121/2024 respectively, under Sections 138 read with 142 of the Negotiable Instruments Act, before the Judicial Magistrate of First Class-I, Neyyattinkara. They contended that they e-filed the complaints on March 30, 2024, prior to the Kerala Finance Act of 2024 coming into effect on April 1, 2024, and thus were entitled to pay court fees at pre-enhanced rates. The lower court, however, found that the complaints were e-filed on April 3, 2024, and insisted on payment of court fees at the enhanced rate. Upon the petitioners’ failure to pay the enhanced fees, their complaints were rejected.
Issue: Whether the complaints were e-filed on March 30, 2024, entitling the petitioners to pay court fees at pre-enhanced rates, or whether the complaints were validly rejected for non-payment of enhanced court fees applicable from April 1, 2024.
Held:
The petitioners produced Annexure A1, claiming it to be the e-filing records of March 30, 2024.
Reports from the jurisdictional Magistrate, NIC, and the I.T. Technical Cell of the High Court, confirmed that as per entries in the e-filing portal, the complaints were electronically received only on April 3, 2024.
It was also reported that the complaints were physically filed on April 1, 2024.
The court relied on Rule 13(2) of the Electronic Filing Rules for Courts (Kerala), 2021, which stipulates that the date of electronic filing for computation of period of limitation is the date when the action is electronically received in the Registry.
Since the Kerala Finance Act, 2024, which amended the Kerala Court Fees and Suits Valuation Act, came into effect on April 1, 2024, the enhanced rates were applicable on both the physical filing date (April 1, 2024) and the electronic receipt date (April 3, 2024).
The court reiterated that court fees must be paid in accordance with the existing provisions on the date of filing.
Therefore, the petitioners were bound to pay court fees at the enhanced rate.
The trial court was fully justified in rejecting the complaints due to the petitioners’ failure to remit the required court fees.
The Criminal Miscellaneous Cases were dismissed.
