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M. K. THAKKER
Mansuri Rajakbhai Abdulbhai – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. This appeal is filed under section 378 of the Criminal Procedure Code (hereinafter referred to as Cr.P.C.) by the appellant-original complainant, challenging the judgment and order passed by the Learned Additional Chief Judicial Magistrate Taluka Idar, District Sabarkantha dated 13-05- 2023, dismissing the complaint by exercising the power under section 256 of the Cr.P.C in special sitting (Lok Adalat).
2. It is the case of the complainant that, the complainant and the respondent-accused were friends and were having family relation, hence when the respondent-accused informed the complainant regarding purchasing of a flat at Gandhinagar, complainant immediately gave Rs.2,40,000/- as down-payment for the possession of the house to respondent-accused, but later respondent-accused informed the complainant that it was not possible to obtain the possession of the said flat and also assured him that the amount paid by the complainant shall be returned back to him. On making demand the two cheques bearing No.161746 dated 24-05-2018 and No. 161712 dated 09-08-2018 for the amount of Rs.36,000/- and Rs.2,00,000/- respectively were issued in favor of the complainant. At the time of
The main legal point established in the judgment is that the Lok Adalat has no jurisdiction to adjudicate the matter on merits if no compromise or settlement is arrived at between the parties.
The Lok Adalat does not have the authority to decide the matter on merits if no compromise or settlement is reached between the parties to a dispute.
Jurisdiction of Lok Adalat and consequences of non-prosecution
Once there is no compromise and/or a settlement between parties before Lok Adalat, matter has to be returned to Court from where matter was referred to Lok Adalat for deciding the matter on merits by....
The Lok Adalat cannot impose conditions beyond a compromise agreement, as its role is limited to facilitating settlements without adjudicatory powers.
Point of law : Sub-section (4) of Section 20 of the Legal Services Authorities Act, 1987 stipulates that every Lok Adalat at the time of settlement or compromise between the parties shall be guided b....
The Lok Adalat must comply with legal protocols regarding hearings and membership, or its awards risk being invalidated.
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