2020 (1) TMI 412

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..... Criminal Case No.9128/2012 against an order passed by the Learned Judicial Magistrate, First Class Narsinghgarh, dated 29.07.2011, refusing to dismiss the Complaint Case No. 547/2009 filed by the appellant complainant against the accused respondent under Section 138 of the Negotiable Instruments Act and the order passed by the Additional District Judge dated 24.08.2012, dismissing the revisional application of the accused respondent against the said order dated 29.7.2011 of the Learned Judicial Magistrate, being Criminal Revision No.195/2011. The brief facts are that a complaint under Section 138 of the Negotiable Instruments Act was filed by the appellant complainant against the accused respondent on 02.07.2007. The Judicial Magist....

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....en allowed by the High Court by the order impugned. The High Court observed that it was an undisputed fact that in respect of earlier cheque issued by the respondent accused, a criminal case had been preferred u/s 138 of the Negotiable Instruments Act and the respondent accused had also been convicted. A fine was also imposed on the respondent accused. The High Court proceeded to quash the complaint observing that the question of entertaining the second complaint did not arise, when the cheque was not issued in discharge of any debt or liability of the company. It was issued on account of a settlement. With the greatest of respect, the High Court has misconstrued the judgment of this Court in Lalit Kumar Sharma v. State of Uttar Pr....

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....as that "when a criminal case referred to by the Magistrate to a Lok Adalat is settled by the parties and an award is passed recording the settlement, can it be considered as a decree of a civil court and thus executable by that court?" After highlighting the relevant provisions, namely, Section 21 of the Act, it was contended before the High Court that 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. 23. In the case on hand, the courts below erred in holding that only if the matter was one which was referred by a civil court it could be a decree and if the matter was referred by a criminal court it will only be an order of the criminal court and not a decr....