Court Fees For Cheque Bounce Case In India : A Complete Guide

Cheque bounce cases under Section 138 of the Negotiable Instruments Act are very common in India. When a cheque bounces, it is not just a bank error; it is a legal matter that can lead to criminal charges. If you are looking to recover your money through the court system, one of your first questions will be, "How much court fee do I need to pay?" As of 2026, court fees for cheque bounce cases (Section 138 of the Negotiable Instruments Act) remain a state-specific subject. This guide simplifies the complex fee structures into easy-to-understand steps for a layman.

In this blog, you will clearly understand:

• What court fees apply in a cheque bounce case?
• The difference between criminal and civil court fees.
• How do court fees vary by state?
• What will you actually pay in practice in 2026?

What Is A Cheque Bounce Case Under Section 138 Of The NI Act?

A cheque bounce case arises when a cheque issued for payment is returned unpaid by the bank, and legal requirements under Section 138 of the NI Act are fulfilled.

What counts as “Cheque Bounce” legally?

A cheque is treated as legally “bounced” when it is dishonored for reasons such as:

• Insufficient funds in the bank account
• Account closed by the drawer
• Exceeds arrangement (amount exceeds bank-approved limit)

These reasons directly attract Section 138 liability if timelines and notice requirements are followed.

Criminal vs civil angle in cheque bounce

Cheque bounce cases have two legal routes, often misunderstood:

• Criminal complaint (Section 138 NI Act)
  A penal action where the accused may face
• • Fine up to twice the cheque amount
  • Imprisonment up to 2 years
  • Or both
• Civil recovery suit/summary suit
  A separate case to recover:
• • Cheque amount
  • Interest
  • Legal costs

Both have very different court fee structures.

What Exactly Is “Court Fee” in a Cheque Bounce Case?

Court fee in a cheque bounce case is the government fee you pay to the court when filing a Section 138 NI Act complaint (and/or a separate recovery case). It is not the lawyer’s fee- the exact amount depends on the state court-fee rules, the type of case, and sometimes the cheque amount/value of claim.

Court fee vs lawyer fee vs other litigation expenses

• Court Fee
  Paid to the court/government for filing the complaint or suit.
• Lawyer Fee
  Professional charges paid to your advocate (varies by experience and city).
• Other Expenses
  Includes:
• • Process fee (summons, notices)
  • Notary charges
  • Postal expenses
  • Photocopying and documentation

The court fee is usually the smallest component in a criminal cheque bounce case.

Is the Court Fee Different for a Criminal Cheque Bounce Case and a Civil Recovery Suit?

Yes, the court fee is different for a criminal cheque bounce case (Section 138 NI Act) and a civil recovery suit.

• Criminal cheque bounce (Section 138 NI Act): Usually involves a fixed/nominal court fee (varies by state and court rules) because it’s a criminal complaint.
• Civil recovery suit (money recovery/summary suit): Court fee is typically ad valorem, meaning it is calculated as a percentage of the claim amount (cheque value + interest/costs) and is generally higher than the criminal case fee.

Many people file both: Section 138 for pressure/penalty + a civil suit for direct recovery, depending on strategy.

Court fee for criminal complaint under Section 138 NI Act

• Usually, a nominal fixed court fee
• Does not depend on the cheque amount
• Prescribed under the State Court Fees Act
• Additional minor process fees may apply (for summons or warrants)

In most states, the court fee for filing a Section 138 complaint is minimal.

Court fee for civil money recovery suit/summary suit

• Ad valorem court fee (percentage of claim amount)
• Calculated on:
• • Cheque value
  • Interest claimed
• Slab-based structure with minimum and maximum limits

Example:
In states like Delhi, civil recovery suits generally follow a percentage-based slab system, where higher claim amounts attract higher court fees, subject to an upper cap.

This is why civil suits are much costlier than Section 138 complaints.

How Is The Court Fee For A Check Bounce Case Calculated?

The court fee for a cheque bounce case is calculated differently based on the type of case:

1) Criminal case (Section 138 NI Act)

• The court fee is usually fixed or nominal (not a percentage of the cheque amount).
• The exact amount depends on your state court-fee rules and the court where you file.

2) Civil recovery case (money recovery/summary suit)

• The court fee is generally ad valorem - calculated as a percentage of the total claim value.
• Claim value can include: cheque amount + interest + costs (if claimed).
• The percentage/slabs vary by state and court jurisdiction.

The calculation depends on:

• Nature of case (criminal vs civil)
• Applicable State Court Fees Act
• Type of filing (private complaint, summary suit, etc.)

For Section 138 cases, the court fee is usually

• Fixed
• Low
• Independent of the cheque amount

For civil recovery, court fee:

• Increases with cheque value
• Is calculated slab-wise

How Court Fees Vary by State (2026 Data)

Court fees in cheque bounce and recovery cases can differ across India because each state has its own court-fee rules and slabs, and these rates can change in 2026, so always verify the latest state-wise court fee before filing.

Maharashtra (Tiered Model)

• Slab-based calculation linked to cheque value
• Fees increase per ₹10,000 slab
• Upper cap exists (commonly cited around ₹1.5 lakh for civil suits)
• Criminal Section 138 complaints attract nominal fees

Odisha & Similar States

• Fixed slabs such as:
• • ₹100 for smaller amounts
  • Up to ₹1,000 for higher values
• Criminal complaints usually attract a basic filing fee

Delhi, Punjab & Haryana

• Clear distinction between:
• • Court fee (institution fee)
  • Process fee (summons, service)
• Section 138 cases involve minimal filing charges

Karnataka

• Governed by the Karnataka Court Fees and Suits Valuation Act
• Private criminal complaints carry fixed fees
• Civil recovery suits follow valuation-based slabs

Court fees for a cheque bounce case in Tamil Nadu

• Criminal complaints: nominal court fee
• Civil suits: ad valorem fee as per the Tamil Nadu Court Fees Act

Court fees for a cheque bounce case in Madhya Pradesh

• Section 138 cases filed with a low fixed court fee
• Civil recovery involves a percentage-based valuation

Court fees for a cheque bounce case in Kerala

• Criminal complaints attract a standard institution fee
• Civil suits are charged as per the valuation slabs

Note: Court fees are a state subject and may change through notifications.

Conclusion

Understanding court fees for cheque bounce case filings helps you plan your legal action realistically and avoid unnecessary confusion. In most Section 138 cheque bounce cases, the court fee is nominal and affordable, especially when compared to civil money recovery suits, where fees depend on the cheque amount. Knowing the difference between criminal and civil court fees, how fees vary by state, and what additional expenses may arise ensures that you take informed legal steps. Before filing, always check the applicable State Court Fees Act or consult a legal professional to avoid surprises and delays.