Supreme Court of India · 2017-12-05
B. Sunitha v. State of Telengana
- Court
- Supreme Court of India
- Petitioner
- B. Sunitha
- Respondent
- State of Telengana
- Author
- ADARSH KUMAR GOEL
- Bench
- MRS.MRIDULA BHATKAR
Judgment text excerpt
The Supreme Court upheld the High Court's decision to not quash proceedings under Section 138 of the Negotiable Instruments Act, 1881, stating that the appellant's claim of no legally enforceable debt was unfounded. The Court emphasized that the burden of proving the reasonableness of the fee lies with the advocate, and the fee claimed was not necessarily unethical despite the appellant's assertions. The Court concluded that the cheque issued by the appellant was valid as it was issued in discharge of a liability, thus affirming the High Court's ruling.