FIRST FUTURISTIC HOLDINGS LTD. Vs. SLV ELECTRICAL

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is filed by the petitioners with a prayer to quash the order dtd. 19/4/2017 passed in Execution Case No.872/2016 by the Court of LII Addl. City Civil and Sessions Judge (CCH-53), Bengaluru.

(2.) Heard the learned counsel for the petitioners. Respondent, who is served in the matter has remained unrepresented before this Court.

(3.) Brief facts of the case leading to filing of this writ petition are, petitioners herein had issued certain cheques to the respondent, who is a Contractor, towards the work done and it appears that the said cheques on presentation for realization were dishonoured by the drawee bank and therefore, respondent had initiated criminal proceedings against the petitioners before the jurisdictional Court of Magistrate for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881, in CC No.7278/2015. During the pendency of the said case, the matter was settled by the parties before the Lok-adalath and compounding application was also filed before the Lok-adalath which was signed by the parties and their learned Advocates and based on the compounding application filed before the Lok-adalath, the complaint was disposed off in terms of the compounding application/joint memo and the accused were acquitted of the offence punishable under Sec. 138 of the N. I. Act. Since accused had failed to honour the cheques which were issued to the respondent under the compounding application/joint memo, respondent had filed Execution Case No.872/2016 to enforce the award passed in CC No.7278/2015 by the Lok-adalath and in the said proceedings, the petitioners herein had filed IA No.1 and 2 with a prayer to dismiss the Execution Petition as not maintainable and also requested the Executing Court to hold an enquiry with regard to the maintainability of the Execution Case. The said applications were opposed by the respondent by filing objections and the Executing Court vide the order impugned dtd. 19/4/2017 passed in Execution Case No.872/2016 has dismissed IA No.1 and 2. Being aggrieved by the same, petitioners are before this Court.