‘Case Closed Via Lok Adalat Amounts To Decree/ Award; Courts Can’t Recall The Said Order, Bar Under S. 362 CrPC Will Apply’: Karnataka High Court
[14 October 2021]
The Karnataka High Court said that once a case is closed at a Lok Adalat, it amounts to a decree or award and the court or magistrate does not have the power to recall the said order. A single-judge bench of Justice K. Natarajan said, “Once the case is closed, it amounts to decree or award in Lok Adalat. Therefore, once the amount has not been paid by the accused in terms of the compromise, then the petitioner is required to approach the same court for recovery of amount in accordance with law and it need not reopen the case, which was already closed by the Court and Magistrate does not have power to recall the said order in view of the bar as per the provisions of Section 362 of the Cr.P.C.” Petitioner Shally M. Peter had approached the high court for quashing the order dated 25-2-2020 passed by the XXXIV Additional Chief Metropolitan Magistrate, Bengaluru, whereby it rejected the memo filed by the petitioner for reopening the case filed by him against the respondent (M/S. Banyan Projects India Pvt. Ltd.) under Section 138 of Negotiable Instruments Act.