TMI Blog2004 (7) TMI 671X X X X Extracts X X X X X X X X Extracts X X X X ..... fastening the liability under Section 138, N. I. Act on his client alleging that the amount is payable towards him as legal expenses. 3. The facts which led to the present appeal could be stated thus :-- Husband of the accused died on 13-6-1992 in a road accident, that took place on 10-6-1992, leaving her and a male child. The accused engaged the complainant to file a claim petition in M.C.O.P. No. 2339 of 1992. Subsequently, mother-in-law of the accused also filed a claim petition in M.C.O.P. No. 246 of 1993 in which also, this complainant has filed 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e averments in the complaint, in the trial Court, PW-1 complainant, P.Ws-2 and 3 -- Bankers of the complainant and the accused were examined, Ex.Ps. 1 to 8 were marked. Case of the accused is that no amount is payable by her and the amount towards stamp duty and others were already paid. 6. Upon consideration of the evidence, the trial Magistrate found that there is no debt or legally enforceable liability. Finding that no amount is payable on the cheque, the learned Magistrate found that by the return of the cheques with endorsement insufficiency of funds and 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 Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 43,600/- is payable by the accused who is his client who engaged him to make claim of compensation for the death of her husband in a Road accident. The case in hand is an example of the present day trend of the legal profession. Legal profession is essentially service oriental. Ancestor of today's lawyers was no more than a spokesperson, who rendered his services to the needy members of the society, by putting forth their case before the authorities. Their services were rendered without regard to remuneration received or to be received. With the growth of litigation, legal profession 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f stamp duty by her counsel itself. In the absence of any agreement, Ex. P-1 cheque cannot be said to have been issued for the purpose of discharge of any substantial debt or liability. Urging the Court to raise the presumption under Section 139 N. I. Act, the learned counsel for the appellant has relied upon MANU/SC/0171/1998- wherein the Supreme Court has held that once the cheque is issued by the drawer a presumption under Section 139 N. I. Act must follow and merely because the drawer issues a notice to the drawee (Payee) or to the Bank for stoppage of the payment it will not preclude an action 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 p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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