B. SUNITHA versus THE STATE OF TELENGANA & ANR.

Citation: [2017] 14 S.C.R. 456 · Decided: 05-12-2017 · Supreme Court of India · Bench: ADARSH KUMAR GOEL · Disposal: Disposed off

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Judgment (excerpt)

A 
B 
(2017] 14 S.C.R. 456 
B. SUNITHA 
v. 
THE STATE OF TELENGANA & ANR. 
(Criminal Appeal No. 2068 of 2017) 
DECEMBER 05, 2017. 
[ADARSH KUMAR GOEL AND UDAY UMESH LALIT, JJ.] 
Negotiable Instruments Act. 1881 - s.138 - Dishonour of 
cheque alleged to be issued by the client to the advocate as 
C percentage of decretal amount fixed as his fee - Complaint filed 
under s.138 - Held: Claim based on percentage of su~ject matter 
in litigation cannot be the basis of a complaint under s.138 ~(the 
Act - Such claim is against the public policy and amounts to an act 
of professional misconduct - Criminal proceedings initiated by the 
advocate is abuse of process of law and is liable to be quashed. 
D 
Legal pr~fession - Violation of professional ethics - Need 
for legislation - Discussed. 
Disposing of the appeal, the Court 
HELD: 1. Mere issuance of cheque by the client may not 
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debar him from contesting the liability. If liability is disputed, the 
advocate has to independently prove the contract. Claim based 
on percentage of subject matter in litigation cannot be the basis 
of a complaint under Section 138 of the Act. In view of that, the 
claim of the respondent advocate being against public policy and 
being an act of professional misconduct, proceedings in the 
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complaint filed by him have to be held to be abuse of the process 
of law and have to be quashed. While proceedings against the 
appellant will stand quashed, the issue of professional misconduct 
is left to be dealt with at the appropriate forum. [Paras 18, 19, 
21] (465-B-C, E) 
G 
2. Undoubtedly, the legal profession is the major component 
of the justice delivery system and has a significant role to play in 
upholding the rule of law. Significance of the profession is on 
account of its role in providing access to justice and assisting the 
citizens in securing their fundamental and other rights. In its 131'' 
H Report dated 31'' August, 1988, the Law Commission of India, 
456 
B. SUNITHA v. STATE OF TELENGANA 
457 
examined the role of the legal profession in strengthening the A 
system of administration of justice. It was observed that recurring 
strikes by the bar had contributed to the piling up of arrears 
jeopardizing the consumers of justice and has thus led to 
weakening the system of administration of justice. While 
considering the mounting cost of litigation, it was observed that B 
fee charged by some senior advocates are astronomical in 
character. The corporate sector is willing to retain talent at a 
high cost. 
It develops into a culture and it permeates down 
below. Role of the legal profession in strengthening the 
. administration of justice must be in consonance with the mandate 
of Article 39A to ensure equal opportunity for access to justice. 
The legal profession must make its services available to the needy 
by developing its public sector. It was observed that like public 
c 
. hospitals for medical services, the public sector should have a 
role in providing legal services for those who cannot afford fee. 
Maintenance of irreducible minimum standards of the profession D 
is a must for ensuring accountability of the legal profession. The 
methodology was required to be devised as a part of social audit 
of the profession wherein consumers of justice were required to 
• be given role. Referring to the lawyers' fee as barrier to access 
to justice, it was observed that it was the duty of the Parliament 
to prescribe fee for services rendered by members of the legal 
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'. profession. First step should be taken to prescribe floor and 
ceiling in fees. With regard to the role of the legal profession for 
: strengthening the administration of justice; it was observed that 
members of the legal profession could have a decisive say in law 
making being largest group in legislative bodies. [Paras 23-
27)[465-G; 466-C, G; 467~A-G] 
3. Though the 131" Report was submitted in the year 1988, 
no effective law appears to have been enacted to regularize the 
fee or for providing the public sector services to utmost needy 
litigants without any fee or at standardized fee. Mechanism to 
· deal with violation of professional ethics also does not appear to 
• 
. · have been strengthened. Success of administration of justice to 
· a great extent depends on successful regulation of legal 
~ profession in the light of mandate under Article 39A for access to 
justice. Mandate for the Bench and the bar is to provide speedy 
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· and inexpensive 

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