Amendments to court fee provisions under the KCF & SV Act necessitate compliance for complaints under Section 138 of the NI Act, irrespective of the petitioner’s financial status.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 6^TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947 CRL.MC NO. 7320 OF 2024 AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.906 OF 2024 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA PETITIONER/S:

ANUP MATHEW AGED 49 YEARS S/O.MATHAI.P.M, PENNAPARAMBIL, 5D, GOPURAM, KENT ILLAM, VENNALA.PO, ERNAKULAM, PIN - 682028 BY ADVS.

SRI.S.SUNIL KUMAR (PALAKKAD)

SMT.LEKSHMI S.SEKHER SRI.K.J.SUNIL SMT.FEMY M.ANTONY SHRI.VISHNU MOHAN DEV RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

2 SALISA EDUCATIONAL SOLUTIONS AND RESEARCH CENTRE PRIVATE LTD (SERC)

TC-6/3234, 130B, ULLOOR GARDENS, ULLOOR, THIRUVANANTHAPURAM-695011. REPRESENTED BY ITS MANAGING DIRECTOR-SASI BALAKRISHNAN. ALSO AT:- SECOND FLOOR, KAIRALI BUILDNG, MELE THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695001

3 SASI BALAKRISHNAN AGED 53 YEARS S/O.BALAKRISHNAN, FLAT NO-1B, BAINS COURT, BAINS COMPOUND, NANTHANCODE, THIRUVANANTHAPURAM-695003. ALSO AT: SREEVILAS, SANTHI NAGAR, SRA-439, SREEKARYAM, THIRUVANANTHAPURAM, PIN - 695017

4 SOJAN.M.A AGED 44 YEARS S/O.ANTONY, AUTHORISED SIGNATORY AT SALISA EDUCATIONAL SOLUTIONS AND RESEARCH CENTRE PRIVATE LTD (SERC), RESIDING AT MATTAKKAL HOUSE, VALAPPU BEACH ROAD, MALIPURAM.PO, ELAMKUNNAPUZHA, ERNAKULAM, PIN - 682511 SR PP SRI C S HRITHWIK PP SRI M P PRASANTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

06.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

C.S.DIAS, J.

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CRL.MC NO. 7320 OF 2024 ------------------------------------------------------ Dated this the 6^th day of February, 2026

ORDER

The petitioner is the complainant in Crl.M.P.No.906/2024, on the file of the Court of the Judicial First Class Magistrate, Thripunithura, (Trial Court) which is filed against the respondents 2 to 4, alleging them to have committed the offences punishable under Section 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 dated 25.06.2024 (Annexure AIII), the learned Magistrate has rejected the application. Annexure AIII proceeding is patently erroneous and unjustifiable. Hence, the Crl.M.C.

3. When the Crl.M.C came up for consideration on

04.02.2026, 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.

4. The Registrar (District Judiciary) has reported that, as per amendments to Article 21(a)(ii) in Schedule II under Chapter II of the Kerala Finance Bill, 2024, the KCF & SV Act was amended. Consequently, OM No.HCKL/3359/2024-DI-1 dated 02.04.2024, was issued to all Courts directing to collect revised court fee in complaints filed under the NI Act, in accordance with the amended rates, with effect from 01.04.2024. The Finance Bill received the assent by the Governor of Kerala on 27.07.2024 and was published in the Kerala Gazette on 29.07.2024, and the same was came into force. Under Chapter II of the KCF & SV Act, by way of an amendment to Schedule II under Article 21(a) of the KCF & SV Act, the provision prescribing Court fee at the rate of