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ANISH KUMAR GUPTA
Shashwat Agrawal – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
(Anish Kumar Gupta, J.)
1. Heard Sri Anurag Pathak, learned counsel for the applicant, Sri Anil Srivastava, learned Senior Counsel assisted by Sri Saurabh Kumar, learned counsel for the opposite party no.2 and Sri Raj Bahadur Verma, learned AGA for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 22.01.2024 passed by the learned Additional Court, Saharanpur in Complaint Case No. 25882 of 2022, under Section 138 of the Negotiable Instruments Act (in short the 'N.I. Act').
3. The brief facts of the case are that the opposite party no.2 has filed a complaint case under Section 138 of the N.I. Act for dishonour of three cheques bearing cheque no. 418192 dated 28.06.2022, amounting Rs. 5,00,000/-, cheque no. 418193 dated 28.06.2022, amounting Rs. 5,00,000/- and cheque no. 418194 dated 28.06.2022, amounting Rs. 6,72,000/- respectively issued by the applicant herein, which were paid in terms of the sale deed executed by the opposite party no.2 in favour of the applicant herein. The said cheques were presented for encashment and were dishonoured. Thereupon a legal notice dated 19.07.2022 was sent, which was not compli
The Lok Adalat cannot impose conditions beyond a compromise agreement, as its role is limited to facilitating settlements without adjudicatory powers.
The main legal point established in the judgment is that the accused's failure to adhere to the terms of settlement amounted to playing fraud on the Court, leading to the unravelling of the settlemen....
Jurisdiction of Lok Adalat and consequences of non-prosecution
A writ petition challenging a compromise decree entered before Lok Adalat by non-impleaded necessary parties is maintainable due to allegations of fraud and procedural irregularity.
The court established that a valid reference to Lok Adalat is mandatory for its jurisdiction, and failure to comply with this requirement invalidates any award made.
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