Advocate Fees and Cheque bounce

Querist : Anonymous (Querist) 09 January 2011 This query is : Resolved
A client requested his advocate to receive the fee latter. And gave a letter to that effect. That client issued cheque to the advocate towards the fees for the services already rendered. The cheque got bounced.

Whether the advocate can initiate 138 proceedings?

Follow Query

Report Abuse

R.Ramachandran (Expert) 09 January 2011
There is a clear legally enforceable liability. The liability can be either with regard to supply of goods or services or any other liability.
Since the cheque has been given in discharge of the liability towards fee for legal services, the provisions of Sec. 138 N.I. can be invoked by the Advocate concerned.

Arun Kumar Bhagat (Expert) 09 January 2011
The advocate can initiate 138 proceedings.

Advocate Bhartesh goyal (Expert) 09 January 2011
If cheque is issued by drawer to any one against the legally enforceable debt or liability and that cheque,if bounces then drawee whether he is Advocate or any one, has right to initiate the proceedings u/s 138 of N.I.Act.