Read Time: 05 minutes

Synopsis

The Supreme Court recently refused to interfere with the Bombay High Court's order quashing a criminal case lodged against a lawyer for cheating his client by promising a favourable order and forcing him to part with his land without paying the due amount, prompting the client to attempt suicide.

A bench of Justices Sudhanshu Dhulia and K Vinod Chandran found no reason to entertain the plea by the complainant, Chandrasekhar Ramesh Galande, against the high court's order of March 27, 2023.

"We see absolutely no reason to interfere with the order of the High Court, in exercise of our jurisdiction under Article 136 of the Constitution of India," the bench said.

The court noted that the petitioner had filed a criminal case against respondent no. 1, Satish Gajanan Mulik, who is a lawyer, alleging professional misconduct. The respondent was said to be the former President of the Pune Bar Association.

The petitioner also raised several other allegations, i.e., that the lawyer gave a false promise of a favourable outcome in a case and took a large sum as fees; colluded with the other side; and did not give full consideration for a sale deed in a land purchase case. Due to this, the petitioner attempted suicide by consuming sleeping pills.

Ultimately, a case was registered for the offence punishable under Section 420 of the Indian Penal Code. Consequently, a charge sheet was filed under Sections 420, 323, 506, and 109 of the IPC before the court concerned.

Thereafter, respondent no. 1 moved a petition under Section 482 of the Code of Criminal Procedure for quashing the criminal proceedings.

The high court came to the conclusion that no offence was actually made out and quashed the proceedings, as there was only a promise to do something. Moreover, from the allegations recorded in the FIR itself, technically, no case was made out.

In the case, the Yerawada Police reportedly lodged the FIR against Mulik based on a complaint that alleged he was representing Chandrasekhar Galande in a land dispute. He allegedly took Rs 15 lakh in cash from Galande to get back his land. However, not only did he fail to work on the case, but he also bought Galande's ancestral 6.17 guntha (approx. 6,534 sq. feet) land for Rs 30 lakh per guntha and sold it to a builder. Galande claimed that Mulik cheated him by not paying Rs 86.45 lakh from this deal.

Case Title: Chandrasekhar Ramesh Galande Vs Satish Gajanan Mulik & Anr