ANANDAN, P. Vs. MAIJO AND ANOTHER

JUDGEMENT

(1.) The petitioner herein is the complainant in S.T.No.638/2015 on the file of the Judicial First Class Magistrate Court-II, Kochi, wherein the 1st respondent herein has been arrayed as accused for the offence punishable under Sec. 138 of the N.I. Act. The dishonoured cheque dated 5.2.2014 is for Rs. 1 lakh. At the request of both sides, the trial court had referred the parties for resolution of the disputes through National Lok Adalat constituted under the provisions under the Legal Services Authorities Act, 1987, and thereupon a settlement was reached between the parties on condition that if the accused pays the total amount of Rs. 95,000.00 to the complainant on or before 15.1.2017, then the complainant will withdraw the complaint. Further it was provided that in the event of the con-compliance of the said condition to pay of Rs. 95,000.00 on or before 15.1.2017, the complainant will be at liberty to proceed with the complaint. On the basis of these terms and conditions the Adalath had closed the case in the National Lok Adalath held on 12.11.2016 in the premises of the Judicial First Class Magistrate Court-II, Kochi, and passed the following award as per Ext.P-2 (see page 10 of the paper book) which reads as follows: "AWARD The dispute between the parties having come up for determination at the Lok Adalath and the parties having settled the matter and filed a compounding application/compromise, the following award is passed in terms of the compromise. Both parties and counsel are present. Matter is settled. Accused agreed to pay Rs. 95,000.00 (Rupees Ninety five thousand only) as full and final settlement in respect of the entire transactions between the parties on or before 15.1.2017. Complainant agrees to withdraw the case on receipt of the said amount as full and final settlement. In the event of non compliance, the complainant is at liberty to proceed with the case."

(2.) Though the time limit for compliance on the part of the accused to pay the amount of Rs. 95,000.00 was only up to 15.1.2017, it is stated that the accused has not cared to pay the said amount within the said time limit or even thereafter. Thereupon the petitioner has filed Ext.P-3 memo dated 16.3.2017 before the trial court concerned pointing put that the accused had not paid the amount in terms of the Lok Adalath settlement and the case may be put up before the court to enable the complainant to proceed further with the complaint in accordance with law. In response to the matter in Ext.P-3 memo dated 16.3.2017, the trial court has passed Ext.P-4 order dated 18.4.2017 wherein it has been stated that on 14.11.2016, the case was closed by the trial court after recording the settlement in Ext.P-2 National Lok Adalath Award and that therefore, there is no question of resurrecting the complaint. On this basis the prayer made in Ext.P-3 memo was rejected by the trial court as per Ext.P-4 order dated 18.4.2017. Ext.P-5 is the proceeding sheet of the trial court which would show that on 17.10.2016 the court had noted that there is chance of settlement and has referred the parties to Adalat on 12.11.2016. It is on 12.11.2016 that National Lok Adalat award has been passed as per Ext.P-2 award dated 12.11.2016. A perusal of the proceedings sheet would show that thereafter there was no posting of the case on 14.11.2016 before the trial court and the matter has been suo motu posted by the trial court who proceeded to pass an order as "settled in Adalath. Award passed. Case closed". Ext.P-6 dated 14.11.2016 is the certified copy of the order passed by the trial court on 14.11.2016 (which is referred to in Ext.P-5 as well). The prayer of the petitioner in this Original Petition filed under Art. 227 of the Constitution of India is for setting aside the impugned Ext.P-6 order dated 14.11.2016 and Ext.P-4 order dated 18.4.2017 and for a direction to the trial court to proceed further with the complaint in accordance with law as the accused has not fulfilled the agreed terms and conditions to pay the agreed amount of Rs. 95,000.00 within the stipulated time limit.

(3.) Though notice has been duly served on R-1 (accused) there is no appearance for that party.