BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.K.CHANDRASEKHARADAS(RETD. JUDGE) & SHRI P.CHANDRASEKHARA PILLAY (RETD.DIST.JUDGE THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 Crl.Rev.Pet.No. 1253 of 2008() -------------------------------------------- CRA.32/2007 of Addl. District and Sessions Judge Fast Track (Adhoc-II), Kozhikode, CC.341/2005 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY .................... REVN. PETITIONER(S): ------------------------------- K.T.JOSE,S/O. THOMAS, KOCHUPLAKKAL HOUSE ANAKKAMPOYIL, THIRUVAMPADI. BY ADV. MR.K.B.GANGESH RESPONDENT(S): --------------------------- 1. S.J.THOMAS, S/O.THOMAS ST. JOSEPH HOUSE, THIRUVAMPADI AMSOM DESOM KOZHIKODE. 2. STATE OF KERALA, REP. BY THE GOVERNMENT PLEADER AND PUBLIC PROSECUTOR PUBLIC PROSECUTOR MR.JACOB ABRAHAM FOR R1 SMT.KOCHUMOL KODUVATH FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR DETERMINATION BEFORE THE LOK ADALAT ON 14/10/2010, THE ADALAT ON THE SAME DAY PASSED THE FOLLOWING: THE HON'BLE MR.JUSTICE T.K.CHANDRASEKHARA DAS (RETD. JUDGE) AND SRI.P.CHANDRASEKHARA PILLAY (RETD.DISTRICT JUDGE) - - - - - - - - - - - - - - - - - - - - - - Crl.R.P. NO.1253 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 14TH DAY OF OCTOBER, 2010 PROCEEDINGS Counsel on both sides are present. They have submitted that this is a matter arising out of Section 138 of the Negotiable Instruments Act. The counsel informs us that even though cheque amount was Rs.2,50,000/- the party has settled for Rs.50,000/-. They submit that the Adalat may accept the settlement and discharge the accused. The Legal Services Authority, Secretary brings to our notice a decision of the Supreme Court in [ILR 2010 of Kerala Page 577 (2010 (2) KLT Page 587]. In this decision of the Supreme Court, it has been decided that in the High Court level if the matter u/s.138 is settled, 15% of the cheque amount as to be deposited in the Legal Services Authority. Both counsel submits that the Supreme Court decision applies only the matter is pending before the court. But we feel that in view of the Supreme Court decision, whether this can be applied to the matters coming before the W.P.(C) NO.1253/2008 2 Adalat under the Legal Services Act. This court has to take decision on this point. Therefore, we send back the file to the Hon'ble court. Sd/- T.K.CHANDRASEKHARA DAS (RETD. JUDGE) Sd/- P.CHANDRASEKHARA PILLAY (RETD. DISTRICT JUDGE) ss/. //True copy// P.A to Judge