120/b of ipc

shilpa vikrant more (Querist) 16 September 2011 This query is : Resolved
IF ADVOCATE SENT A REPLY ON BEHAL OF ACCUSED U/SEC.138 OF N.I.ACT AND ACCUSED FAIL TO COMPLY THE TERMS WHICH IS WRITTEN IN REPLY AS PER HIS WISH THEN COMPLAINANT FILED CRIMINAL MATTER AGAINST THE ADVOCATE U/SEC.120/B OF IPC?

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R.Ramachandran (Expert) 16 September 2011
The complaint u/s. 120B against the Advocate will get dismissed.

Advocate. Arunagiri (Expert) 16 September 2011
The complaint itself will not be entertained. There is no question of 120B for a cheque bounce case.

The advocate is acting on the advise of his client, he is not responsible for non compliance of the terms.

Shastri J.K. (Expert) 17 September 2011
Advocate is not responsible for act of his client.

Guest (Expert) 17 September 2011
Dear Shilpa,

The question arises, whether the advocate sent reply at his own or as per the instructions issued by the accused?

Raj Kumar Makkad (Expert) 17 September 2011
No case is made out against lawyer as he is well protected under law.

Devajyoti Barman (Expert) 17 September 2011
Yes no criminal case is made out though the same fall under professional negiligence resulting in misconduct of the advocate.

prabhakar singh (Expert) 17 September 2011
A regulator is in the offing,draft is ready.

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