Man Plays Outright Fraud On Lok Adalat, Guj HC Issues Non-Bailable Warrant [Read Order]

The Gujarat High Court has issued a non-bailable warrant against a man who had secured release from judicial custody in a case of dishonour of cheque after playing fraud on the Lok Adalat which had set him free on the premise of a settlement he had arrived at with the complainant promising to pay back the entire amount within a year.

Terming it a case of “outright fraud”, Justice J B Pardiwala directed issuance of non-bailable warrant against the man returnable within two weeks.

The court was hearing a petition filed by Sonal Hardikbhai Thakkar seeking quashing of the award passed by a sessions judge in Lok Adalat in August 2016, whereby the respondent was released on bail on the ground that he has arrived at a settlement and undertaken to pay the amount due within one year.

In the instant case, the petitioner had filed a complaint against the respondent for dishonouring of cheque under Section 138 of the Negotiable Instruments Act.

The Additional Chief Metropolitan Magistrate convicted the respondent, who then challenged the same by way of an appeal which was put before the Lok Adalat for the purpose of settlement, on August 30, 2016.

Before the Additional Sessions Judge, the complainant and the respondent prayed for compounding of offence saying they had arrived at a settlement.

In view of the same, the sessions judge directed the release of the respondent (appellant before the Sessions court) while directing him to pay Rs 12.50 lakh to the complainant within one year besides Rs 50,000 to be paid within three months of his release from judicial custody.

However, the respondent did not pay a single penny to the complainant.

It is to be noted that the high court has issued a notice to the respondent on January 29, but he did not turn up before it.

“Although the respondent No.2 has been served with the notice issued by this Court, yet has chosen not to remain present before this Court either in person or through an advocate and oppose this application. The case, prima facie, appears to be outright of fraud,” the high court noted before directing issuance on the non-bailable warrant against the respondent.