Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2017 (12) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (12) TMI 395 - SC - Indian LawsProceedings initiated against the appellant u/s 138 of the NI Act - professional misconduct on the part of an advocate - charging fees as percentage of reward - Held that:- Mere issuance of cheque by the client may not debar him from contesting the liability. If liability is disputed, the advocate has to independently prove the contract. Claim based on percentage of subject matter in litigation cannot be the basis of a complaint under Section 138 of the Act. In view of the above, the claim of the respondent advocate being against public policy and being an act of professional misconduct, proceedings in the complaint filed by him have to be held to be abuse of the process of law and have to be quashed. After the hearing was concluded, learned counsel for Respondent No.2 mentioned the matter to the effect that Respondent No.2 wanted to withdraw the complaint. An e-mail to this effect was also handed over to Court. The same has been kept on the record. However, we did not permit this prayer. Having committed a serious professional misconduct, the respondent No.2 could not be allowed to avoid the adverse consequences which he may suffer for his professional misconduct. The issue of professional misconduct may be dealt with at appropriate forum.
|