Parth Bajaj
On April 1, 2025, the Supreme Court of India upheld the Bombay High Court’s decision to quash criminal proceedings against a lawyer accused of professional misconduct, including financial fraud and false promises that allegedly led to a client’s suicide attempt.
The case originated when a client filed an FIR against his advocate, alleging that the lawyer had fraudulently assured him of a favorable outcome in a civil suit in exchange for substantial cash payments.
Additionally, the lawyer purchased the client’s land but failed to pay the remaining balance of Rs. 86.45 lakhs. The financial distress caused by this led the client to attempt suicide.
A criminal case was registered against the advocate under Section 420 of the Indian Penal Code (IPC) for cheating. A charge sheet was later filed under Sections 420, 323, 506, and 109 IPC. However, the Bombay High Court ruled that the allegations in the FIR did not constitute an offence and quashed the proceedings.
The High Court stated: “Wrong advice or alleged promise of favourable outcome in litigation being a promise given for illegal purpose and against public policy, is no promise which is enforceable in law, and therefore, would not be an inducement made for delivery of property and hence, would not be cheating within the meaning of Section 420 IPC.”
Dissatisfied with this decision, the client approached the Supreme Court. However, the bench comprising Justices Sudhanshu Dhulia and K. Vinod Chandran refused to interfere, stating: “We see absolutely no reason to interfere with the order of the High Court, in exercise of our jurisdiction under Article 136 of the Constitution of India.” This ruling reaffirmed the legal principle that a mere breach of promise does not amount to cheating under Section 420 IPC unless dishonest intent existed from the outset.
Case Title: Chandrasekhar Ramesh Galande vs. Satish Gajanan Mulik & Anr.
Case Number: SLP(Crl) No. 008399 – / 2023
Bench: Justices Sudhanshu Dhulia and K. Vinod Chandran
Click here to access the order
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