Monica Sachwani v. Charushila D. Nanaware And ANR

IRESH SIDDHARAM MASHAL Date: 2021.11.27 16:12:11 +0530 IRESH SIDDHARAM MASHAL 4.216.15 alp0.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 216 OF 2015 MONICA SACHWANI ....APPLICANT V/s.

CHARUSHILA D. NANAWARE AND ANR .....RESPONDENTS Ms. Monica L. Sachwani for the applicant Mrs. J. S. Lohokare APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE:

NOVEMBER 26, 2021.

P.C.:

1] This application for grant of leave is taken out by original complainant who unsuccessfully prosecuted complaint under Section 138 of Negotiable Instruments Act against the respondent. 2] Cause for issuance of cheque in favour of applicant was towards professional fees as the applicant is lawyer by profession. 1/2

4.216.15 alp0.doc 3] It is settled position of law that professionals like lawyer cannot sue his client under the provisions of Negotiable Instruments Act for dishonour of cheque towards payment of professional fees, in my opinion, acquittal is well justified. That being so, no case for leave to appeal is made out. Leave stands rejected. Application stands disposed of.

4] However, this will not preclude the applicant from taking out proceedings against respondent for recovery of amount independently in civil proceedings.

[NITIN W. SAMBRE, J.] 2/2