In Brief
An advocate filed a criminal complaint under Section 138 of the Negotiable Instruments Act against a client (widow of motor accident victim) for dishonour of a cheque given as fee. The advocate had already received Rs. 10 lakhs and later demanded an additional Rs. 3 lakhs, claiming 16% of the compensation awarded—allegedly based on percentage of the decretal amount. The Supreme Court held that contingent and percentage-based advocate fees violate professional ethics and public policy. Without a written agreement proving the debt, a cheque cannot establish enforceable liability under Section 138. The advocate must prove the contract and quantum of fee; the client's dispute shifts the burden. The proceedings were quashed as an abuse of process, though the professional misconduct issue was left for the Bar Council to address.
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