Unknown vs Basant Joshi And
2023 Latest Caselaw 1454 UK

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                                  WPMS No. 1505 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Akshay Joshi, Advocate, for the petitioner.

The proceedings by way of Complaint Case No. 1 of 2021, Raghuvar Ram Vs. Basant Joshi and another, were the proceedings, which were being conducted under Section 138 of the Negotiable Instrument Act, which was referred to be decided by the Lok Adalat in accordance with the provisions contained under the Legal Services Authority Act. On a reference of those proceedings before the Lok Adalat, the same was decided by the order dated 11th September, 2021, by a compromise as entered into, i.e. Paper No. 14Ka.

The said decree was put to execution by filing an Execution Case No. 3 of 2022, Basant Joshi Vs. Raghuvar Ram. The same has been dismissed by the impugned order holding thereof, that the Execution No.3 of 2022, would not be maintainable, because the principle proceedings under Section 138 of the N.I. Act, since being a criminal proceeding, the provisions of Order 21 of the CPC, would not apply.

Learned counsel for the petitioner has referred to a judgment as rendered by the Hon'ble Apex Court in Civil Appeal No. 10209 of 2011, K.N. Govindam Kutty Menon Vs. C.D. Shaji, wherein, in para 17 of the said judgment, the Hon'ble Apex Court has observed, that even if the Criminal case, before Criminal Courts, under Section 138 of the N.I. Act, by virtue of the deeming provision passes an award under the Lok Adalat, it would be executed as a Civil decree.

In that eventuality, and the ratio as argued by the learned counsel for the petitioner, let notices be issued to the respondent.

Steps to serve respondent would be taken by the petitioner within a period of one week from today.

List after service of notice on the respondent.

(Sharad Kumar Sharma, J.) Dated 23.05.2023 Shiv