IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4708/2015 BETWEEN:
State of Karnataka By Manipal Police Station Reptd. By State Public Prosecutor Bengaluru – 576 104. …Petitioner (By Sri. Vijayakumar Majage – Addl. SPP) AND:
P.K. Appaiah S/o Palchand Kaveriappa Age 35 years Arapattu Grama Virajapete Taluk Kodagu District – 571218.
… Respondent (By Sri. Hemachandra .R. Rai – Advocate for Respondent) This Criminal petition is filed under Section 482 of Cr.P.C. praying to set aside the order / award dated 19.07.2014 passed by the Lok Adalath in C.C.No. 2324/2012, on the file of the Prl. C. J., and J.M.F.C., Udupi, dismissing the complaint against the accused / respondent and acquitting the accused / respondent for the offence P/U/S 418, 420, 468 and 471 of IPC and restore the C.C. No. 2324/2012 to the file of the Prl. C.J. and J.M.F.C., Udupi.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R The State is before this Court questioning the legality and propriety of the order passed by the Lok Adalath accepting the compromise petition filed by the accused and the complainant in C.C.No.2324/2012 and consequently, acquitting the respondent/accused of the alleged offences punishable under Sections 418, 420, 468 and 471 of IPC.
2. Learned counsel appearing on both sides do not dispute the legal position that Lok Adalath has no jurisdiction to entertain the application under Section 320(1) (2) of Cr.P.C. and has no jurisdiction to acquit the accused on the basis of the compromise. However, the facts on record disclose that complaint was filed by M/s. Maha Rastra Apex Corporation Ltd, Manipal, alleging that with the view to dupe the complainant- Bank, accused had handed over a cheque belonging to his father by subscribing his signature thereon.
3. During pendency of the trial, the complainant as well as accused moved an application under Section 320(1) (2) of Cr.P.C. The same was referred to Lok Adalath. The order sheet maintained by the Court below discloses apparently on the erroneous impression that Lok Adalath had power to compound the alleged offence, the very same Magistrate who referred the matter to Lok Adalath has passed the impugned order, which indisputably is erroneous and opposed to the settled canon of the justice.
4. Considering the similar issue, this Court in Crl.P.No.293/2015 dated 20.06.2019 has held that Lok Adalath has no jurisdiction to permit the parties to compound non- compoundable offence, in view of the specific bar contained under Section 19 of the Legal Services Authorities Act.
5. In view of the above factual and legal infirmities discussed above, the impugned order is liable to be quashed and matter has to be remitted to the learned Magistrate to pass appropriate order on judicial side, on the application submitted by the parties under Section 320(1) (2) of Cr.P.C.
In view of the above discussion, petition is allowed. Impugned order dated 19.07.2014 passed by the Lok Adalath in C.C.No. 2324/2012 is quashed. Matter is remitted to the learned Prl. Civil Judge & JMFC, Udupi, to pass appropriate orders on the application filed under Section 320 (1) (2) of Cr.P.C. and thereafter proceed in the matter in accordance with law.
In order to expedite the matter, parties are directed to appear before the trial Court on 22.08.2019 without any further notice.
Sd/- JUDGE SV Ct:b