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2013 Supreme(Bom) 1393

K.U.CHANDIWAL
Dnyananda Sameer Nilekar – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Petitioners:K.M. Irani i/b. A.A. Kocharekar, Advocates.
For the Respondents:R1, D.R. More, APP, R2, Mayuresh Shrinivas Kulkarni, Ketan Chottani, Advocates.

Judgment :-

1. The respondent no.2, an Advocate (complainant) desires to argue the matter for himself. His Counsel, Mr.Ketan Chottani is discharged. Heard extensively. Rule made returnable forthwith.

2. Aunique litigation between an Advocate and his client has reached this court. On a complaint by respondent no.2, process for offence under Section 420, 120B of I.P.C. issued by learned Judicial Magistrate, First Class, Pune, on 15.2.2012, confirmed in Criminal Revision No.157 of 2012 by the learned 9th Additional Sessions Judge, Pune, is questioned by original accused.

3. The accused-applicants, a couple had difference in their matrimonial life, had approached respondent no.2 for his legal advise. Applicant no.1 Smt. Dnyananda (W ife), was known to the complainant through her parents. The complainant advised that a petition for Divorce by mutual consent could be filed. Parties had 4-5 sittings. Complainant e-mailed draft of such consent petition to the wife, while it could not reach the husband. After the draft having been transmitted to the accused-applicants, the complainant/Advocate did not receive any response. He felt, he was deceived as his skill in legal profession as utilized















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