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2025 Supreme(Ker) 2403
IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.Arun, J.
S. Padmaja Devi – Petitioner
Versus
Vidhya, W/O. Biju.S And Ors.- Respondents
Crl.M.C.Nos.9186 and 9225 of 2024
Decided On : 30-06-2025
For the Petitioner: Shri.Aum Mangalasserry, Smt.Surya Mohan P., Sri.C.R.Vijayakumaran Pillai
E-filing date for court fee assessment falls on actual receipt in Registry, requiring adherence to prevailing rates per applicable law.
Headnote:(A) Negotiable Instruments Act - Section 138 read with Section 142 - Kerala Court Fees and Suits Valuation Act - The petitioners filed complaints under section 138 prior to the enforcement of the Kerala Finance Act 2024. However, e-filing records revealed a filing date of 03.04.2024. The court held that court fees must be paid according to prevailing rates as per the Act at the date of actual filing, thus, the rejection of the complaints was justified. (Paras 1-4)
Facts of the case:
The petitioners asserted complaints were e-filed on 30.03.2024 to benefit from pre-enhanced court fees but were rejected due to non-payment of enhanced fees, leading to the current appeal.
Findings of Court:
The complaints were correctly ruled to be filed on 03.04.2024, requiring payment of court fees at the enhanced rate under the new legislation.
Issues: The main issue was the determination of the actual e-filing date and the consequent obligation for court fees based on the effective legal provisions.
Ratio Decidendi: The court determined that filing dates for court fee applicability are governed by the Electronic Filing Rules, confirming necessity to adhere to rates in effect on the date of receipt by the Registry.
Result: Crl.M.C.s dismissed.
| Table of Content |
|---|
| 1. court fees payment timing dispute (Para 1) |
| 2. asserted e-filing date and evidence (Para 2) |
| 3. applicable electronic filing rules and implications (Para 3 , 4) |
ORDER :
V.G.Arun, J.
The petitioners in these Crl.M.Cs had filed CMP Nos.2116 of 2024 and 2121 of 2024 under Section 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 30.03.2024, before the Kerala Finance Act of 2024 came into effect on 01.04.2024, 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 03.04.2024 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 30.03.2024 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 03.04.2024. The e-filing number of the CMPs are also mentioned in the report. It is also reported that the complaints were physically filed on 01.04.2024. 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 03.04.2024.
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 e- filing is concerned, is the date on which the action is electronically received in the Registry.
4. Here, the Magistrate as well as the competent officers have stated in unison that the complaints were physically filed on 01.04.2024 and the electronically filed complaints were received on 03.04.2024. The legal position that court fee is to be paid in accordance with the existing provisions needs no reiteration. The provision in existence as on the date of filing of the complaints by the petitioners, physically as well as electronically, was the Kerala Court Fees and Suits Valuation Act as amended by the Finance Act, 2024. As such, the petitioners were bound to pay court fees at the enhanced rate.
The petitioners having failed to remit the court fees accordingly, the trial court was fully justified in rejecting the complaints.
For the aforementioned reasons, the Crl.M.C.s are dismissed.
