The Jammu and Kashmir and Ladakh High Court has expressed serious concerns regarding the legitimacy of a Lok Adalat award, prompting it to seek explanations from both a judicial officer and an advocate involved in the settlement process. This action follows allegations of forgery and improper conduct during the recording of the settlement.
The case originated from a complaint filed under Section 138 of the Negotiable Instruments Act, wherein the respondent, Farooq Ahmad Lone, alleged that cheques totaling ₹5 lakhs issued by the petitioner were dishonored. Due to the petitioner's repeated non-appearance, the trial court issued non-bailable warrants and subsequently referred the matter to the Lok Adalat, resulting in the contested settlement.
The Lok Adalat, under the Tehsil Legal Services Committee in Tangmarg, issued an award mandating the petitioner to pay ₹1.50 lakhs to the respondent. The settlement also stipulated severe consequences in the event of default by the petitioner. However, the petitioner challenged this award, contending that it was passed without his knowledge and that the signatures attributed to him and his counsel were forged. He maintained that neither he nor his authorized representative participated in the settlement proceedings.
Upon thorough examination of the records, the High Court observed significant discrepancies between the signatures on the Lok Adalat award and those on other official documents, such as the vakalatnama and statements recorded under Section 242 CrPC. The court emphasized that for a settlement to be legally enforceable, it must be documented in writing and signed by the parties involved or their duly authorized agents or counsels. In this instance, the court determined that the settlement failed to meet these legal standards, rendering it invalid.
The court also scrutinized the conduct of the Lok Adalat members, noting that the forum was presided over by a judicial officer and an advocate. Given the irregularities in the settlement process, the court has directed the Registrar General to seek explanations from both individuals regarding their conduct during the proceedings. Their responses are to be submitted to the court for further review.
This case underscores the critical importance of adherence to due process and the integrity of alternative dispute resolution mechanisms like Lok Adalats. The High Court's intervention highlights its commitment to ensuring that such forums operate within the bounds of legality and fairness, maintaining public confidence in the judicial system.
The matter is scheduled for further review on March 10, 2025, at which point the court will consider the explanations provided by the judicial officer and the advocate involved. This development serves as a reminder to legal practitioners and judicial officers of their duty to uphold ethical standards and the rule of law in all judicial and quasi-judicial proceedings.
The High Court's proactive approach in this matter reflects its dedication to preserving the sanctity of legal processes and ensuring that justice is not only done but is seen to be done, thereby reinforcing the foundational principles of the legal system.
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