The Chhattisgarh High Court has reiterated that negligence in performing professional services cannot attract criminal liability.
The Court based on the observation made, thus quashed the criminal proceedings against one advocate.
It held,
CASE BACKGROUND
The Petitioner-Advocate herein, Subha Jakkanwar, was charged under Sections 420, 467, 468, 471 & 120B of IPC for allegedly wrongly providing a non-encumbrance certificate on properties of 10 borrowers who had applied for a loan with Dena Bank. On their failure to repay the loan, it was found that the documents submitted by the borrowers were false and fabricated.
Therefore, as a result, an FIR was registered against them. Subsequently, however, the Petitioner was also roped in as an accused for alleging that she had given a non-encumbrance certificate of legal scrutiny and she had certified documents concerned and, thereby, she had also committed the offense.
The Court quashed the said FIR against the Petitioner, stating that merely because her opinion was not acceptable, she couldn't be mulcted with criminal prosecution, particularly, in the absence of tangible evidence that she associated with other conspirators. At the most, she may be liable for gross negligence or professional misconduct if it is established by acceptable evidence, the court said.
The Court placed reliance on Central Bureau of Investigation, Hyderabad v. K. Narayana Rao, (2012) 9 SCC 512, and held,
The court also brought up Pandurang Dattatraya Khandekar v. Bar Council of Maharashtra, 1984 SCR (1) 414, in which the Supreme Court had held,
Placing reliance on the above observations, it was held that the liability against an opening advocate arises only when the lawyer was an active participant in a plan to defraud the Bank.
But since in the present case no evidence is there that can prove that the petitioner/advocate conspired with the other co-accused persons to submit the false report or derived any pecuniary advantage to submit the non-encumbrance certificate.
Thus the Court dissolved of all the charges against her and the proceedings was quashed.
The judgement was delivered by Justice Sanjay K. Agrawal ON 26-11-2019:
Read Judgement Here:
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