TMI Blog2009 (11) TMI 992X X X X Extracts X X X X X X X X Extracts X X X X ..... oner filed a complaint against the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. Complaint was referred to the Lok Adalat where it was settled by the parties culminating in passing of an award. The respondent under the settlement agreed to pay the cheque amount of ₹ 5500/- in five equal monthly instalments of ₹ 1100/-. The respondent committed default in making the instalment payment. Petitioner, thereupon, filed an execution petition before the Munsiff Court seeking the execution of the award passed in the Lok Adalat. The learned Munsiff declined to receive the execution petition on the file of the court for the reason that the award passed by the Lok Adalat on reference from the Mag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies Act, 1987, reads thus: 21. Award of Lok Adalat:- (1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of any other court and where a compromise or settlement has been arrived at, by a Lok Adalat in a case referred to it under sub- section (1) of section 20, the court fee paid in such case shall be refunded in the manner provided under the Court Fees Act, 1870 (7 of 1870). (Sub-section (2) omitted as not relevant). Every award passed by the Lok Adalat has to be deemed to be a decree of a civil court and as such executable by that court is the argument canvassed by the learned counsel for the petitioner. I cannot agree with the proposition. If that be so, Section 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had been passed by the Lok Adalat on such an application, after its registration, following the procedural requirements applicable. Withdrawal of the complaint referred to the Lok Adalat could also have been included as one of the terms of the settlement of that independent application when such an award is passed. An award passed on such an independent application irrespective of the reference of the complaint from the criminal court could have been executed as a decree as if the same had been passed by a civil court. An award passed by the Lok Adalat on reference of a criminal case by the criminal court, as already indicated, can only be construed as an order by the criminal court and it is not a decree passed by a civil court. I do not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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