Heard finally by consent.

2. The Petitioners have challenged two interlocutory orders below Exhibit Nos. 15 and 24 in Regular Darkhast No.17 of 2006 pending before the Civil Judge, Junior Division, Akkalkot, District Solapur.

3. Thefacts of the case are as under:-

“On 22/06/2001, the Respondent filed a Criminal Complaint being S.C.C.No. 923 of 2001 in the Court of Judicial Magistrate, First Class, Akkalkot V/s. 138 of Negotiable Instruments Act.

It has been alleged that the Petitioners, engaged in the garment business allegedly borrowed money to the tune of Rs.5,00,000/- from the Respondent/ Complainant.

4. On 15/05/2001, Petitioner No.2 being a partner issued a cheque No.923237 dated 28/04/2001 of Rs.5,00,000/- in favour of Respondent.

5. On presentation of the said cheque, it was dishonoured for want of sufficient funds and returned to the Respondent on 10/05/2001.

6. On25/06/2001, the Maharashtra State Legal Services Authority issued a letter to the member Secretary, District Legal Services Authority District Court Building, Solapur stating that such award is a decree as contemplated under Section 21 of the Legal Services Authorities Act, 1987 (for short, "the Act").

7. On 14/05/2001, the Respondent issued a legal Notice to the Petitioners calling upon them to pay the amount of the cheque.

8. However, the Petitioners have not made any compliance. Hence Respondent had filed Summary Criminal Case No.923 of 2001 under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the N.I.Act"). It is compoundable under Section 147 of the N.I.Act.

9. On 20/07/2003, the said Criminal case came to be transferred to Lok Adalat. It was compromised before the Lok Adalat and an award is passed accordingly for Rs.4,00,000/- (Rupees four lacs only).

10. The Petitioners and Respondent have filed the pursis before the Court of Judicial Magistrate, First Class, Akkalkot and an order was passed accordingly.

.11. The Respondent filed a Darkhast proceeding No.17 of 2006 in the Court of C.J.J.D. for execution of the award passed by the Lok Adalat in Criminal Case No.923 of 2007 as there was no compliance of the compromised order/ award. The Learned C.J.J.D., issued a notice under Order 27 Rule 22 of

.the C.P.C.

12. On 15/01/2007, the Petitioners have filed their say raising objections that the Darkhast is not maintainable as the award has been passed in Criminal Case.

13. On 30/06/2007, the Petitioners filed an application raising point of jurisdiction of the Civil Court; and that the Respondent wants the amount without paying the Court fee of Rs.50,000/-.

10.14. On 18/07/2007, the learned Civil Judge, Junior Division has disposed off the objection as raised by the Petitioners and directed to proceed with the execution by the Judgment and order. Hence this Petition.

115. Admittedly, by the consent of the parties, as parties have voluntarily agreed and settled the matter, the Lok Adalat on 20th July, 2003 has passed the award which has force of decree under the act. The complaint was disposed of accordingly. The Petitioners did not comply with the same award therefore, the execution application filed by the Respondent against the Petitioners (Judgment Debtors).

116. Section 20 of the Act empowers to take cognizance by the Lok Adalat, when both the parties jointly make an application indicating their intention to compromise, which covers the proceeding under Section 138 of the N. I. Act & even as per Circular No.MSLSA/Adalat/ 12/2005/848 dated 25/06/2001, issued by the Maharashtra State Legal Services Authority. The compromise in question as recorded is within the framework of law and the record. Section 21 further mandates that every award of the Lok Adalat shall be deemed to be a decreed of Civil Court and the same shall be final and binding on all the parties. Such order is not even appealable. Other party/ Judgment Debtor/ accused if refused to make the payment pursuance to the award, the decree holder / Respondent/ Comp