Quashing of FIR -- Advocate Acting in Professional Capacity -- Conduct of lawyer representing client cannot be criminalised merely because it displeases adversary
(i) Bharatiya Nyaya Sanhita, 2023, S.318(4) -- Cheating -- Allegation Against Advocate for Client -- Deceit must form the genesis of the transaction between parties and cannot be read into an afterthought born out of subsequent events. Where no transaction exists between the advocate and the complainant, the offence of cheating is not made out against the advocate. (ii) Bharatiya Nyaya Sanhita, 2023, S.351(2) -- Criminal Intimidation -- Allegation Against Advocate for Client -- A solitary and bald assertion of a telephonic threat, without any material showing intent to cause alarm, does not constitute criminal intimidation. Professional association of an advocate with an accused does not by itself supply the ingredients of the offence. (iii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 -- Quashing of FIR -- Advocate Acting in Professional Capacity -- So long as an advocate acts within the bounds of law and professional ethics, conduct in representing a client cannot be criminalised merely because the representation or advice displeases the adversary. Unexplained delay in lodging a complaint alleging intimidation lends further doubt to its authenticity.
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