C MANOHAR Vs. B R POORNIMA

JUDGEMENT

(1.) The complainant in C. C. No. 191 of 1996, on the file of the Judicial Magistrate, Ambattur is the appellant. By the order (dated 20-3-1997), the trial Magistrate has acquitted the respondent / accused of the offence under Section 138 Negotiable Instruments Act tin short, the N.I. Act). Aggrieved over the order of acquittal, the complainant has come forward with this appeal.

(2.) This case arises in a strange situation and facts. The Advocate is fastening the liability under Section 138, N. I. Act on his client alleging that the amount is payable towards him as legal expenses.

(3.) The facts which led to the present appeal could be stated thus : Husband of the accused died on 13-6-1992 in a road accident, that took place on 10-6-1992, leaving her and a male child. The accused engaged the complainant to file a claim petition in M.C.O.P. No. 2339 of 1992. Subsequently, mother-in-law of the accused also filed a claim petition in M.C.O.P. No. 246 of 1993 in which also, this complainant has filed vakalat for the accused. Both the claim petitions were heard together and an award for Rs. 2.50.400/- was passed on 10-6-1995. At the request of the accused, the complainant had also filed two suits against her mother-in-law, claiming a share in the house property, as legal heir of her husband and another suit claiming Rs. 30.000/- being the value of the jewels and articles which were retained by the mother- in-law. As per the terms of the award, in part payment of 50% of her share, the accused received -the cheque for Rs. 63,072.50/- on 14-3-1996.