MONICA SACHWANI Vs. CHARUSHILA D. NANAWARE

JUDGEMENT

(1.) By this application, the applicant has prayed for special leave to appeal against the impugned judgment and order of acquittal dated 20th February, 2015 passed by the Judicial Magistrate First-Class, Pimpari, Pune in S.C.C No.362 of 2010 by which respondent No.1 came to be acquitted of the offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short ' N.I. Act ').

(2.) A few facts germane from the decision of this application can be summarized thus: The applicant is a practicing Advocate at Pimpari Court, Pune. The respondent No.1 is a teacher (now retired). On

(3.) rd June, 2009, the respondent No.1 approached the applicant for availing her legal services and to represent her in the office of Maharashtra Housing Area Development Authority (for short 'MHADA'), Pune and also for claiming her share in the Fixed Deposit at Kharalwdi, Post Office Pimpari, Pune and other rights of the respondent No.1 in some movable and immovable property, the documents of which are in possession of the husband of the respondent No.1. After due consultation, professional fees and other expenses were agreed to be paid to her to the tune of Rs.5,00,000/- (Rs. Five Lakhs only). The said fees were to be payable after due compliance of all the work assigned to the applicant by the respondent No.1. 3. Since the respondent No.1 did not possess sufficient amount towards fees, she had paid a token amount of Rs.450/- (Rs. Four Hundred Fifty only) to the applicant, pursuant to which, the applicant issued her a receipt. A Vakalatnama came to be executed which was signed by the respondent No.1 and her daughter. The respondent No.1, inter alia, claimed her share in a house property from her husband. A promissory note came to be executed by the respondent No.1 on 16th September, 2009 along with two post- dated cheques bearing No.993761 and 993762 in the sum of Rs. 2,50,000/- each of the Seva Vikas Co-operative Bank Ltd., Nehru Nagar Branch, Pimpari. It was agreed upon that the applicant would deposit the subject cheques in the month of December only after the respondent No.1 receives her dues of 6th Pay Commission.