ORDER

12.03.2024 The Court of learned Sub Judge (Judicial Magistrate 1 st Class) Chadoora came to entertain an execution application filed by the respondents with respect to a Lok Adalat award dated 09.12.2023 in terms whereof the petitioner was meant to pay an amount of Rs. 3.00/- lacs to the respondent.

The proceedings which led to the Lok Adalat settlement was out of a complaint filed by the respondent under section 138 of the Negotiable Instruments Act,(NIA) 1881. In response to the execution application so filed by the respondent, the court of learned Sub Judge(Judicial Magistrate 1 st Class) Chadoora came to issue an order dated 06.02.2024 directing the petitioner to state his position as to why he should not be convicted for offence under section 138 NIA, 1881 with two years’ imprisonment and why an amount of Rs. 6,00,000/- shall not be recovered from him in order to discharge his liability towards the applicant/respondent.

The show cause notice is said to have been issued to the petitioner to which he did not respond resulting in passing of an order dated 19.02.2024 directing issuance of non-bailable warrants against the petitioner which came to be executed and the petitioner finds himself lodged in judicial custody pursuant to the order dated 19.02.2024.

Through this present petition, the petitioner is invoking inherent jurisdiction of this Court in terms of section 482 Cr PC for assailing the course of action at the end of the Sub Judge (Judicial Magistrate 1st Class) Chadoora.

From the state of facts obtaining on the file, prima facie it appears that Sub Judge (Judicial Magistrate 1st Class) Chadoora has seriously erred in conducting the proceedings with respect to the enforcement/execution of the Lok Adalat award dated 09.12.2023 which fact is gatherable from the tone and tenor of the show cause notice order dated 06.02.2024, whereby Sub Judge (Judicial Magistrate 1st Class) Chadoora is calling upon the petitioner to state his position as to why he should not be convicted for offence u/s 138 NIA,1881 with two years’ improsinment and why an amount of Rs.600,000/- be not recovered from him in discharge of the alleged liability when the fact is that the Sub Judge (Judicial Magistrate 1st Class) Chadoora was having no such situation legally obtaining before him, given the fact that the Lok Adalat award dated 09.12.2023 by no whisper referred to the eventuality as set out by Sub Judge (Judicial Magistrate 1st Class) Chadoora in his order dated 06.02.2024.

Prima facie case is made out.

Issue notice to the respondents.

Petitioner to furnish registered postal covers for effecting service of the respondents within 7 days whereupon notice to be issued by the Registrar Judicial, Srinagar.

List on 24 th April 2024.

In the meantime, operation of the impugned order dated 19.02.2024 read with order 06.02.2024 passed by Sub Judge(Judicial Magistrate 1st Class) Chadoora are stayed.

The petitioner is directed to be released from the custody.

Superintendent Central Jail, Srinagar to set the petitioner free upon receipt of certified copy of this order.

Registrar Judicial to issue requisite docket addressed to Superintendent Central Jail, Srinagar with respect to the petitioner.

(RAHUL BHARTI) JUDGE SRINAGAR 12.03.2024 “S.Nuzhat”