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Issues: Whether an award passed by a Lok Adalat on a case referred by a criminal court under Section 138 of the Negotiable Instruments Act, 1881 is deemed to be a decree of a civil court and executable as such.
Analysis: Section 21 of the Legal Services Authorities Act, 1987 creates a legal fiction that every award of a 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. The Act does not draw any distinction between references made by civil courts and criminal courts. Once a case referred under the Act is settled before the Lok Adalat and an award is passed on compromise, the award attains finality and binding force under Section 21(2). The deeming provision must be given full effect, and the award cannot be denied executable status merely because the original reference arose from a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881.
Conclusion: The award passed by the Lok Adalat in the referred criminal case is a deemed decree executable by the civil court, and the contrary view was erroneous.
Ratio Decidendi: An award of a Lok Adalat passed on a compromise in any case referred under the Act, including one originating from a criminal complaint, is statutorily deemed to be a decree of a civil court and is executable as such without distinction based on the referring forum.
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