General
T.R. Ganesan
(Querist) 11 October 2014
This query is : Resolved
Respected Expert,
Kindly answer my query is that my Brother in law wanted me to accompany him to a private firm of educational consultant, who owes a huge amount to be returned to my brother-in-law. I being a lawyer he had requested me therefore, I went to meet the Managing Director of the private firm with him. On my representation he agreed to return the amount by RTGS cheques drawsn on SBI, Bangalore in favour of an educational institution for admission. But the management of the institution refused to accept the said cheques. Thereafter, few days he issued another A/c. Payee chequesdrawn on ICICI Bank, Bangalore in favour of my brother-in-law's wife. These cheques came to be dishonoured by SBI Bank. Under the above said premises, can I send a legal notice under NI Act and as well as appear in the legal proceedings in the court of law as Advocate for my in-laws.
Anirudh
(Expert) 11 October 2014
So long as you are an advocate, so long as you have Vakalatnama in your favour, there no bar in your appearing as an Advocate. The only bar is that you cannot appear as an Advocate in your own case. There you have to shed your Advocate robes, and appear as party in person.
ajay sethi
(Expert) 11 October 2014
agree with Mr anirudh
malipeddi jaggarao
(Expert) 11 October 2014
You can take up the case of your brother-in-law.
Sudhir Kumar, Advocate
(Expert) 11 October 2014
agreed with Mr Anirudh and Mr jaggaro.
Given facts do not indicate any bar on your appearing. The only thing will be that you will deprive yourself of being a competent witness before whom liability is admitted and cheque issued without intention of getting honoured.
Merely your BIL being "holder" of cheque is not sufficient he has to be "holder in due course". Unless liability of drawee is not author of cheque he not proved he can walk out of S/138 and cheating case.
If you have other evidence for the same then you an afford the risk.
Rajendra K Goyal
(Expert) 11 October 2014
Agreed with the expert Anirudh ji and Expert malipeddi jaggaro ji..
Anirudh
(Expert) 11 October 2014
I also agree with the very valuable input from Mr. Sudhir, which fact I miserably ignored.
T.R. Ganesan
(Querist) 11 October 2014
My sincere thanks to all the experts
T. Kalaiselvan, Advocate
(Expert) 16 October 2014
I agree and endorse expert Mr. Sudhir Kumar's views and opinions on the subject query, nothing more to add.
