Case Law Details
K S Mahadevan Vs Cyprian Menezes S/O Late Camil Menezes (Karnataka High Court)
In the present matter, allegations have been made by a client against an Advocate alleging that since he did not obtain favourbale orders as contended by him, offences under Sections 406 and 420 of IPC have been committed. A perusal of the complaint would indicate that the statement attributed to the petitioner is that the petitioner would introduce and or refer the matter to an Advocate in Delhi and also that the petitioner would appear before the Apex Court in a matter of the complainant. An advocate can only appear and make his best efforts in the matter. No advocate can either state or hold out that he would obtain favourable orders nor could a client believe that an Advocate will definitely obtain favourable orders just because he has made payment of the fees to the Advocate.
Merely because a client were not to succeed in the matter and favourable orders were not passed in favour of that particular client, the said client cannot make out a case that there is a fraud which has been committed by the Advocate and offence under Sections 406 and 420 of IPC which has been committed by an Advocate. That would lead to disastrous consequences. It is for all litigants to understand that an Advocate can only make best efforts in the matter and the case would be decided on the basis of merits. In a Adversarial system like that in our Country were one party initiates a litigation against the other it is bound to happen that one will win and other will lose which is on the basis of the facts of the case and the law applicable.
Whoever the Advocate may be, the outcome depends on the facts and the law applicable thereto. Hence, the payment of fees, the amount of fees is also not relevant for the outcome of the matter that is a private matter between the client and the Advocate.
In the above background, the allegations now being made that since the huge amount of money has been paid as fees to the Advocate, the Advocate had to obtain favourable orders, it is not sustainable nor it would amount to an offence under Section 406 and 420 of IPC. No grounds have been made out in the compliant. The criminal proceedings being an abuse in the process of the Court. The proceedings in C.C.No.2541/2017 arising out of PCR No.30/2017 pending on the file of Judicial Magistrate First Class-II, Mangaluru is hereby quashed.
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