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State of Madhya Pradesh - Section

Section 638 in Criminal Courts - Rules and Orders

638.

(1)Every application shall be accompanied by an advance sufficient to cover the estimated cost of the copy applied for and the cost of the court-fee stamps, if any, required under Article 9, Schedule I, of the Court-fees Act, 1870, as amended, and also, where the copy applied for required a non-judicial stamp, under the Stamp Act, 1899, by the requisite non-judicial stamp. If a copy of a map is to be prepared on tracing cloth the head copyist shall supply the cloth in accordance with Rule 642 below, except in the copying section of a Sessions Court where the applicant himself shall supply it. If an application is sent by post the advance shall be remitted by money order.Note. - Applications received by post without the requisite non-judicial stamp, or, in the office of a Sessions Judge, without the tracing cloth, shall be registered in the register of applications for copies, but in such cases copying shall be considered to have been stopped for want of funds so far as the copies of those particular documents are concerned, and the applicant shall be asked to supply the requisite stamp or the tracing cloth.
(2)If a party requires delivery of a copy more expeditiously than would in the normal course of business occur, he may, in addition to the application for copies presented in the manner prescribed in Rule 1, file a separate application stamped under Article 1(b), Schedule II, Court-fees Act, 1870 (VII of 1870), paying for early delivery of the copies and stating the grounds on which such prayer is made.If such an application is received by post without requisite stamps, the head copyist shall cause the deficient stamps to be affixed and cancelled and debit the costs to the applicant's account. But if the account does not permit the deficiency of stamps to be made good in this manner, the application shall stand rejected.The application for early delivery will be immediately forwarded to the officer-in-charge of the copying section who shall deal with it forthwith and may, after taking into consideration the facts alleged in the applications for early delivery and the state of business in the copying section, allow the application and return it to the head copyist. The charge for copies, in respect of which such an application has been allowed, will be double the ordinary rate and the advance deposited with the application for copies should be worked out at double the ordinary rate. If the application is rejected the copies will be prepared in the ordinary way, the usual copying fee being charged, and the excess will be refundable. If the application for early delivery is granted, the copies applied for will be prepared as expeditiously as possible getting preference over ordinary applications for copies and ordinarily should be made ready for delivery not later than two days after the order for early delivery is passed. The words 'express delivery' shall be noted in red ink at the top of the first page of the copies and in the remarks column of the register of applications. Unless expressly ordered the extra costs for obtaining such an express copy shall not be taken into account in taxing the costs of any proceedings.
(3)An application received by post before the arrival of the connected advance shall not be registered or acted upon until receipt of the advance. Should an advance be received before the connected application, the money shall forthwith be sent by the head copyist to the nazir, who will hold it under the head "Miscellaneous". This transaction, shall appear as an item in pass book B. On receipt of the connected application, the head copyist shall send the pass book and obtain the money from the nazir, recording the withdrawal in pass book B. If no application is received within thirty days, the head copyist shall demand return of the money and proceed under Rule 659.