T.A. Kathiru Kunju vs Jacob Mathai - Supreme Court
T.A. Kathiru Kunju vs Jacob Mathai - Supreme Court Important Judgment 2017 -
On 16th February, 2017, in the case of T.A. Kathiru Kunju vs Jacob Mathai & Anr. [Civil Appeal No.3860 of 2007] wherein the respondent had lodged a complaint before the Bar Council that he had engaged appellant as an Advocate to file a case under the Negotiable Instruments Act, 1881 for bouncing of a cheque, but instead of filing such a complaint, the appellant felt it apposite to file a complaint case under Section 420 IPC, and also did not return the cheque to the respondent; the Disciplinary Committee of the Bar Council of India had found the appellantAdvocate guilty of gross negligence in discharge of his professional service to the respondent. While setting aside the order of the Disciplinary Committee of the Bar Council of India, it was held that the act of the appellant could not be treated to be in the realm of gross negligence and was only one of negligence.