IMPORTANT POINT
Jurisdiction of Lok Adalat and consequences of non-prosecution

JUDGMENT :

M.K. THAKKER, J.

1. This appeal is filed under Section 378 of the Code of Criminal Procedure, 1973 (‘the Cr.P.C.’ referred hereinafter) challenging the judgment and order passed by the learned Judicial Magistrate First Class, Limbdi in Criminal Case No. 607 of 2013 dated 12.03.2022 acquitting the respondent-accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1886 (‘the N.I. Act’ referred hereinafter) by exercising the power under Section 256 of the Cr.P.C.

2. It is the case of the complainant that the complainant had approached the respondent-accused for getting the job at B.P. Khushwah Education Trust, Hathijan, Ahmedabad and on demand raised by the respondent-accused, the amount of Rs. 3 Lakh was given to the respondent-accused to get the job. As the job was given only on probation basis, the amount which was paid was demanded back. To repay the amount, the cheque bearing No. 516118 of IndusInd Bank dated 31.08.2013 for the amount of Rs. 3 Lakh was issued in favour of the complainant. On depositing the same, it was returned with an endorsement of ‘Drawer’s signature differ’ and therefore, on following the due procedure prescribed under the N.I. Act, the complaint came to be filed.

3. On filing the complaint, after recording the verification, the summons came to be issued on 15.10.2013 thereafter the matter was adjourned time to time for securing the presence of the respondent-accused. It transpires from the record that on number of occasions the complainant or his advocate remained absent and the summons could not be served upon the respondent-accused. Therefore, the matter was placed before the Lok Adalat and Lok Adalat has passed the judgment and order of acquittal by exercising the power under Section 256 of the Cr.P.C. which is impugned before this Court.

4. Heard the learned advocate Mr. Vicky Mehta for the appellant-original complainant and though the Rule was served through the concerned police station in application for seeking leave to prefer an appeal, the respondent has chosen not to appear either in person or through an advocate before this Court.

4.1. Learned advocate Mr. V.B. Mehta submits that it is true that the complainant and his advocate remained absent on the day when the impugned judgment and order of the acquittal was passed and some dates prior to the impugned judgment and order, but the matter was placed before the learned Lok Adalat without issuing any notice or without obtaining the consent and though the learned Lok Adalat is not having the jurisdiction to adjudicate the matter on merits, the judgment and order of the acquittal was passed by the learned Lok Adalat dismissing the complaint for non-prosecution.

4.2. Learned advocate Mr. Mehta submits that from the rojkaam it transpires that, the case is pending since 2013 and though the notice/summons were issued on the address which is mentioned in the appeal memo, the same are not served, however in the proceedings before this Court, Rule which is issued was served through the concerned police station at the address mentioned in the pursis below Exhibit 9, which shows that though the respondent was aware about the pendency of the proceedings, he some how managed the service and did not appear before the learned trial Court.

4.3. Learned advocate Mr. Mehta submits that if the matter is referred to the learned Lok Adalat and if the same could not be settled then learned Lok Adalat could have returned back the matter to the regular court and the regular court could have after considering the merits of the case decided the issue involved. However, without doing so, the judgment and order of the acquittal was passed by the learned Lok Adalat and therefore, learned advocate Mr. Mehta prays to quash the impugned judgment and order and to restore the criminal case to its original file.

4.4. Learned advocate Mr. Mehta further submits that from the rojkaam it transpires that on many consecutive dates the complainant and