2020 (12) TMI 1075

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....that the respondent lodged complaint for the offence under Section 138 of Negotiable Instruments Act, in which the petitioner is arrayed as accused. He further submitted that the respondent who is practicing Advocate had friendship with the petitioner during the year 2002, when he was came to purchase audio speaker. Thereafter, they become friends and they had financial transactions. During the year 2015, the respondent borrowed a sum of Rs. 2 lakhs from the petitioner herein. In order to discharge the same, he issued cheque for the said sum and when it was presented for collection, the same was returned dishonored. Therefore the petitioner insisted the respondent to settle the amount, for which he threatened the petitioner with dire conseq....

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....82 of Cr.P.C., and all are mixed question of fact. Therefore, he sought for dismissal of the quash petition. 4. Heard Mr.R.Thirumoorthy, learned counsel appearing for the petitioner and Mr.W.Camyles Gandhi, learned counsel appearing for the respondent. 5. The petitioner is an accused in the complaint lodged by the respondent herein for the offence punishable under Section 138 of NI Act in C.C.No.3560 of 2019 on the file of the learned Metropolitan Magistrate, Fast Tract Court-II, Egmore, Chennai. The case of the complainant is that the petitioner borrowed a sum of Rs. 3,00,000/- for his urgent needs and he also assured that he will pay interest for the borrowed amount. Thereafter in order to repay the said amount, he issued a chequ....

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.... 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. 12. The relationship between the lawyer and the client is one of trust and confidence. The client engages a lawyer for personal reasons and is at liberty to leave him for the same reasons. Considering the relationship between the lawyer and the client and the present day trend in the profession, it has to be carefully seen whether the complainant has proved that the amount due of Rs. 43.600/- is being payable towards him. ....

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.... 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 presumption that unless the contrary is proved, the holder of the cheque received the cheque for the discharge in whole or in part of any debt or other liability. But even in Section 139 N.I. Act, the legal presumption is created only for the cheque so received for the discharge in whole or in part of any debt or other liability. In the case on hand, the complainant being a pr....