K R VENUGOPAL Vs. R MADHUSUDHAN

JUDGEMENT

(1.) Since the respondent is absconding, notice to the respondent is dispensed with. Heard the learned Counsel for the petitioner.

(2.) The petitioner was the complainant before the court below alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (Hereinafter referred to as the 'NI Act', for brevity). The respondent had entered appearance before the court below and conceded that he owes the petitioner Rs.5,30,000/- and not Rs.6,30,000/-. Therefore, the court below had referred the matter to the Lok Adalath. At the Lok Adalath, the respondent had agreed that he would repay the amount in one instalment by 26.12.2015. This statement was recorded by the Lok Adalath and the matter was closed by order dated 8.8.2015. At the Lok Adalath, the petitioner had agreed to receive Rs.5,30,000/- in full and final settlement, while granting liberty to the petitioner herein to enforce the terms of compromise by initiating civil execution proceedings as if the terms of compromise was a decree in case the accused failed to pay the amount as agreed.

(3.) It now transpires that the respondent did not make any payment and had dodged the petitioner. Therefore, the petitioner had approached the magistrate seeking issuance of Fine Levy Warrant against the respondent. The court below has drawn attention to the Lok Adalath's direction that the complainant could execute the compromise by initiating civil execution proceedings as if the terms of settlement was a decree and has rejected the application. It is in this background that the petitioner is before this court.