CAN ADVOCATE PROSECUTE LITIGANT FOR CHEATING IN PAYMENT OF FEES?

Naturally, to a person professing a noble profession, the complainant, as Advocate, after hearing the parties handed draft petition for mutual divorce. There is no controversy to this aspect. The fact remains, if the couple has thereafter decided not to prosecute their controversies or discord and to have a happy married life, can it be said to be dishonest intention to approach the complainant for his legal advise. The answer is, there could not be of dishonest intention at initial stage. Basic requirement for invoking criminal prosecution is, such intention must be shown to exist at the time of making of inducement. Mere failure to keep promise subsequently, will not lead to cheating. There is no element by the accused-applicant to induce the complainant by any representation to draft petition and thereafter back out.