A single Bench of Justice Sanjay Dhar of High Court of J&K and Ladakh has held that the procedure for execution of award of the Lok Adalat even in a proceeding under Section 138 of the Negotiable Instrument Act is to be governed by the provisions contained in Code of Civil Procedure relating to the execution of the decrees of civil court.

The court was hearing a petition under 482 CrPc wherein order of Magistrate was under challenge whereby in an execution petition relating to the award dated 08.12.2018 passed by the Lok Adalat, the petitioner was declared as proclaimed offender and his movable and immovable properly were directed to be attached. In addition to this, general warrants of arrest have also been issued against the petitioner.

The court held that the law in the subject is well settled that every award made by the Lok Adalat is deemed to be a decree of the civil court. Therefore the procedure for of an execution of award of the Lok Adalat even in a proceedings under Section 138 of the Negotiable Instrument Act is to be governed by the provisions contained in Code of Civil Procedure relating to the execution of the decrees of civil court.

The court while noting that the trial Magistrate while passing the impugned order has taken recourse to provisions contained in CrPC and that too to those provisions which relate to compelling of appearance of the accused held that the procedure adopted by the learned trial Magistrate in the instant case was not in accordance with law and accordingly set aside the said order leaving it open to the trial court to take necessary steps for execution of the award of the Lok Adalat in the case in accordance with the provisions contained in Order 21 of the CPC.