Supreme Court · 2017 INSC 1175 · Decided 5 December 2017
B. Sunitha v. The State of Telengana & ANR.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 1175 · [2017] 14 S.C.R. 456
- Case number
- CRIMINAL APPEAL No. 2068/2017
- Decided
- 5 December 2017
- Bench
- ADARSH KUMAR GOEL, UDAY UMESH LALIT (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 39A; NI Act
Headnote
Negotiable Instruments Act. 1881 - s.138 - Dishonour of cheque alleged to be issued by the client to the advocate as C percentage of decretal amount fixed as his fee - Complaint filed under s.138 - Held: Claim based on percentage of su~ject matter in litigation cannot be the basis of a complaint - Such claim is against the public policy and amounts to an act of professional misconduct - Criminal proceedings initiated by the advocate is abuse of process of law and is liable to be quashed. D Legal pr~fession - Violation of professional ethics - Need for legislation - Discussed. Disposing
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