In Brief
An advocate engaged to file a criminal complaint under Section 138 of the Negotiable Instruments Act regarding a dishonoured cheque handed it over to investigating police instead and failed to obtain an acknowledgment. The Disciplinary Committee found him guilty of gross negligence and imposed reprimand with monetary penalty. The Supreme Court set aside the order, holding that the failure to obtain an acknowledgment amounted to mere negligence, not gross negligence. Gross negligence requires conduct involving moral turpitude or willful disregard for client interests; mere negligence unaccompanied by moral delinquency does not constitute professional misconduct warranting punishment under the Advocates Act.
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