TaxTMI 
TaxTMI 
2018 (4) TMI 1509
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....lat. The petition is contested by the respondent No.2 (hereinafter as 'respondent'). 2. I have heard the learned counsel for the parties and have examined the file. Indisputably, the respondent was convicted for commission of offence punishable under Section 138 Negotiable Instruments Act by an order dated 23.08.2013. By an order dated 26.08.2013, the respondent was sentenced to undergo RI for three months and to pay compensation of twice the cheque amount i.e. Rs. 2,50,000/- within a period of 30 days to the complainant. 3. The respondent challenged the conviction before the appellate court. By an order dated 07.10.2013, the substantive sentence was suspended pending appeal on deposit of the amount equivalent to the value of the cheque. ....
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....4 for that purpose. Record reveals that the respondent failed to comply with the orders. The appeal was accordingly listed for disposal. By the impugned order, the learned appellate court dismissed the appeal holding that the settlement dated 12.04.2014 being an award of the Lok Adalat is to be taken as 'decree' capable of execution by civil court. Aggrieved by the said findings, the present revision petition has been filed. 7. Perusal of the record reveals that from the very inception, the petitioner was not interested for reference of the matter for settlement to Lok Adalat as he was apprehensive of the respondent's intention not to make the payment; it happened true. Despite recording statements before the National Lok Adalat where he a....
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....t to the respondent for commission of the offence under Section 138 Negotiable Instruments Act for which he was duly convicted by the Trial Court. Since the payments as agreed were not paid by the respondent, the Appellate Court should have disposed of the appeal filed by the respondent on merits. 9. 'K.N.Govindan Kutty Menon vs. C.D.Shaji', (2011) INSC 1159 relied upon in the impugned judgment is of no assistance to the respondent. In the said proceedings, there was no 'conviction' under Section 138 Negotiable Instruments Act. In that case, the matter was referred to the Lok Adalat to explore possibility of settlement. Lok Adalat after recording the settlement he passed an 'award'. It was of course to be treated as 'decree' for the purpos....