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2015 (10) TMI 2696 - TELANGANA AND ANDHRA PRADESH HIGH COURTOffence under Section 138 of NI Act - Held that:- Nothing shown by complainant of debt paid, stamp duty and of the legal fees and not produced any agreement as to the arrangement thereby the presumption in favour of the complainant under Section 139 that could be drawn as per the law not drawn as complainant being an advocate has not proved the debt amount payable to him by accused and engaged him as lawyer to conduct the case and thereby the finding of the trial Court does not suffer for any interference that too as per the settled law, the appellate Court must be slow in reversal of trial Court’s judgment. Infact from its proposition, there is no conclusive finding laid down on presumption under Section 139 cannot be drawn if the cheque issued by the client to the advocate towards fees and expenses, but for saying on the factual matrix of no agreement filed and not proved by the advocate of what are the expenses besides what is the fees due. There is also not decided as to only advocate fees rules is the yardstick and beyond that no fees to be claimed. It is not even decided whether any such agreement under Contract Act is unenforceable and if so on what criteria. Thereby the decision noway helpful at this stage in seeking to quash the proceedings, but for at best of use before the trial Court as part of any defence version in discharging the burden by accused under reverse onus clause. Having regard to the above, this Court cannot go into the disputed factual aspect to quash the C.C. proceedings but for left open to the both sides to agitate before the trial Court, in view of the matter to be decided by trial Court and on the limitation against this Court in a quash petition in going into the detailed factual disputed aspects. Thus, none of the observations herein shall prejudice any of the rights of the parties particularly of the accused in defence before the trial Court, for disposal of the case on merits after full dressed trial. Accordingly, the Criminal Petition is disposed of. The interim stay passed seizes its force for the trial Court to proceed with the trial for disposal on merits.
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