Lok Adalat awards are deemed civil court decrees, requiring execution under civil procedure, not criminal procedure.

ORDER :

CRM (M) No. 340/2024:

1. The petitioner has challenged the execution proceedings initiated by the learned 2nd Additional Special Mobile Magisrate, Pantha Chowk primarily on the ground that the procedure adopted by the learned Executing court for executing the award of the Lok Adalat whereby the complaint filed by the respondent against the petitioner for offence under Section 138 of NI Act has been disposed of and the petitioner in terms of the said award has undertaken to pay an amount of Rs. 14.00 lacs in three installments w.e.f February 2023.

2. It has been contended by the learned counsel for the petitioner that the prayer made in the impugned execution petition shows that the respondent is seeking execution of the award of the Lok Adalat in the manner as provided under the provisions of the Cr.PC and the learned Executing court has proceeded in accordance with the provisions contained in Code of Criminal Procedure. The learned counsel has contended that the learned Executing court has even issued warrant of arrest against the petitioner.

3. Heard and considered.

4. The law is well settled that every award made by the Lok Adalat is deemed to be a decree of the civil court. Therefore, the procedure for execution of the award of the Lok Adalat even in a proceeding under Section 138 of the Negotiable Instruments Act is to be governed by the provisions contained in Code of Civil Procedure relating to the execution of the decree of the civil court. Reliance in this regard is placed on the ratio laid down in the judgment of this Court passed in case titled Mohammad Aslam Sheikh Vs. Mohammad Ramzan Bhat [CRMC No. 50/2018 decided on 18.09.2020]. Therefore the Executing court is expected to adhere to the procedure prescribed in provisions contained in Code of Civil Procedure relating to the execution of the decree of civil court and it cannot take recourse to provisions contained in Code of Criminal Procedure in this regard.

5. In view of the above, the petition is disposed of with a direction to the learned Executing court to proceed in the execution petition filed by the respondent against the petitioner by adopting the procedure for execution of the decree as provided in Order 21 of the Code of Civil Procedure.

6. Disposed of as above.

7. Copy of this order be sent to learned trial court.

CRM(M) No. 695/2023:

8. The petitioner has challenged the execution proceedings initiated by the learned Special Mobile Magistrate, Budgam primarily on the ground that the procedure adopted by the learned Executing court for executing the award of the Lok Adalat whereby the complaint filed by the respondent against the petitioner for offence under Section 138 of NI Act has been disposed of and the petitioner in terms of the said award has undertaken to pay an amount of Rs. 42,25000/- in monthly installments.

9. It has been contended by the learned counsel for the petitioner that the prayer made in the impugned execution petition shows that the respondent is seeking execution of the award of the Lok Adalat in the manner as provided under the provisions of the Cr.PC and the learned Executing court has proceeded in accordance with the provisions contained in Code of Criminal Procedure. The learned counsel has contended that the learned Executing court has even issued warrant of arrest against the petitioner.

10. Heard and considered.

11. The law is well settled that every award made by the Lok Adalat is deemed to be a decree of the civil court. Therefore, the procedure for execution of the award of the Lok Adalat even in a proceeding under Section 138 of the Negotiable Instruments Act is to be governed by the provisions contained in Code of Civil Procedure relating to the execution of the decree of the civil court. Reliance in this regard is placed on the ratio laid down in the judgment of this Court passed in case titled Mohammad Aslam Sheikh Vs. Mohammad Ramzan Bhat [CRMC No. 50/2018 decided on 18.09.2020]. Therefore the Executing court is expected