9911796707
TMI Blog2004 (7) TMI 671X X X X Extracts X X X X X X X X Extracts X X X X ..... liability due. That means, the cheque must have been issued in discharge of debt or other liability wholly or in part. The cheque given for any other reasons not for the satisfaction of any debt or other liability, even if it is returned unpaid-, will not meet with penal consequences. The High Court highlighted the trust and confidence in the lawyer-client relationship, emphasizing the need for clear evidence of the debt or liability for a cheque to attract penal provisions u/s 138. The absence of an agreement specifying the fee arrangement between the complainant and the accused led to the dismissal of the appeal against acquittal. The High Court noted that interference with an order of acquittal is warranted only in cases of glaring infi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led vakalat for the accused. Both the claim petitions were heard together and an award for ₹ 2,50,400/- was passed on 10-6-1995. At the request of the accused, the complainant had also filed two suits against her mother-in-law, claiming a share in the house property, as legal heir of her husband and another suit claiming ₹ 30,000/- being the value of the jewels and articles which were retained by the mother-in-law. As per the terms of the award, in part payment of 50% of her share, the accused received the cheque for ₹ 63,072.50/- on 14-3-1996. 4. The case of the complainant is that towards legal fee and expenditure payable for conducting the cases, the accused has issued Ex.P-1 cheque for ₹ 43,600/- dated 16-3-1993. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stop payment , no criminal intention could be attributed to the accused. On those findings, the trial Magistrate has acquitted the respondent/ accused of the offence under Section 138, N.I. Act. 7. Aggrieved over the order of acquittal, the complainant has preferred this appeal. 8. Assailing the findings of the trial Court, the learned counsel for the appellant submitted that the amount payable by the accused towards stamp duty paid and the legal expenses was not properly appreciated by the trial Court. Placing reliance upon 1998 1 Crimes 268 (SC), it is contended that once the cheque is issued, presumption under Section 139, N.I. Act arises that the holder of the cheque received the cheque of nature referred in Section 138, N. I. Act and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... became a full time occupation. The trend of the legal profession has changed ... profession has almost became a trade. There is no more service orientation. 12. The relationship between the lawyer and the client is one of trust and confidence. The client engages a lawyer for personal reasons and is at liberty to leave him for the same reasons. Considering the relationship between the lawyer and the client and the present day trend in the profession, it has to be carefully seen whether the complainant has proved that the amount due of ₹ 43.600/- is being payable towards him. 13. To attract the penal provisions under Section 138 N. I. Act, a cheque must have been drawn by the accused on an account maintained by him with a banker for pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on under Section 138 of the Act by the drawee (Payee) or the holder of a cheque in due course. Of course, under Section 139 N. I. Act, there is a presumption that unless the contrary is proved, the holder of the cheque received the cheque for the discharge in whole or in part of any debt or other liability. But even in Section 139 N. I. Act, the legal presumption is created only for the cheque so received for the discharge in whole or in part of any debt or other liability. In the case on hand, the complainant being a practising advocate, has not proved the debt amount payable towards him by the accused, who has engaged him as his lawyer to conduct the case. The finding of the trial Court that there is no debt or legally enforceable liabili ..... X X X X Extracts X X X X X X X X Extracts X X X X
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