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2023 (10) TMI 865 - HC - Indian LawsDishonour of Cheque - no contractual document has been filed by the respondent to show the terms between the petitioner and himself - legal practitioner's abuse of the process of the court - HELD THAT:- Absolutely, no contractual document has been filed by the respondent to show the terms between the petitioner and himself to show all the litigations defended by him a consolidated fee was agreed to pay by the petitioner. In the absence of such primary document, or even the statement and the complaint, then mere issuing of the cheque in the facts and circumstances of the case will not create any legal liability. This is a classical case of legal practitioner's abuse of the process of the court. So the continuation of proceedings amounts to illegal. Legal process can be undertaken to advance or vindicate the grievance, but it should not be permitted to be taken as an act of aberration, abuse and that too by any legal practitioner. So, the entire process is liable to be quashed - Petition allowed.
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