These two petitions filed under Section 482 Cr.P.C. to quash the proceedings in Crl. MP No.6987 of 2007 in LAC No.895 of 2006 and in Enforcement Petition bearing M.P. No.4253 of 2008 in CC No.858 of 2007 pending on the file of XI Additional Chief Metropolitan Magistrate, Secunderabad were heard and disposed of by this common order.

2. The petitioners are accused in LAC No.895 of 2006 and CC No.858 of 2007 for the offence punishable under Section 138 of 41 Negotiable Instruments Act, 1881 (for short "N.I. Act"). The said cases were referred to Lok Adalat as per Section 20(1)(ii) of the Legal Services Authorities Act, 1987 (for short "the Act"). Before the Lok Adalat the complainant-1st the respondent in both the petitions and the petitioners herein appeared and they were persuaded to settle the matter amicably and after elaborate discussions, the complainant voluntarily accepted to compound the cases against the petitioners, which are punishable under Section 138 of N.I. Act, to see that the compromise is recorded and if necessary to compound the cases and acquit the accused of the said offence under Section 147 of N.I. Act. Pursuant to signing the petitions to compound the case, an order has been passed under Section 21 of the Act.

3. Admittedly, the complainant and the accused appeared before the Lok Adalat through a separate petition, the complainant has accepted to compound the case under Section 147 of N.I. Act against the accused and the Lok Adalat having considered the matter permitted the complainant to compound the matter and accordingly such composition is recorded separately and the accused are acquitted of the above said offences under Section 147 of the N.I. Act and the bail bonds of the accused stands cancelled.

4. Along with the petition under Section 147 of the N.I. Act, the terms of compromise also signed by the parties with the following effect:

"At the request of the accused, the complainant has agreed to compromise and settle the issue in LAC No.895 of 2005 pending before the Honourable XI Additional Chief Metropolitan Magistrate, Secunderabad on the following terms and conditions:

1. That the Accused shall pay an amount of Rs.55,000/- (Rupees fifty five thousand only) within 45 days from this day i.e. on or before 8th June, 2007 in three instalments as stipulated below to the complainant as follows:

(i) Rs.20,000/- on or before 10th May, 2007 (ii) Rs.20,000/- on or before 25th May, 2007 (iii) Rs. I 5,000/- on or before 8th June, 2007

2. In case the accused failed to pay any of the above instalment amount she shall be liable to pay double the settlement amount to the complainant as compensation and shall be liable for imprisonment for a minimum of one year besides any other punishment imposed by this Hon'ble Court.

5. As the amount has not been paid, the complainant filed Crl. MP No.6987 of 2007 for execution of the award passed by the Lok Adalat in terms of compromise. The learned Magistrate issued N.B.W., as there is no representation of the accused.

6. Questioning the same, Crl. P No.621 of 2008 is filed to quash the proceedings in Crl. MP No.6987 of 2007 in LAC No.895 of 2006 contending that the complaint was directly taken cognizance by the Lok Adalat and the Magistrate did not record sworn statement of the complainant. Hence, the criminal Court has not taken cognizance of the offence. Therefore, it would only be treaded as 'pre-litigation case'. If the award of the Lok Adalat is to be executed, the complainant has to approach the Chief Judge, City Civil Court for execution in accordance with Rule 18 of the Rules; therefore, the proceedings before the Magistrate are clear abuse of process of law and issuance of Non-Bailable Warrant is in clear violation of Article 21 read with 14 of the Constitution.

7. Whereas Crl. P No.8550 of 2008 is filed questioning the orders of the Magistrate dated 2.2.2008 passed in Crl. MP No.813 of 2008 in C.C. No.858 of 2007 with same set of facts where the complaint filed by the