IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 OP(Crl.).No. 575 of 2011(Q) --------------------------- CC.37, 39 AND 40/2004 of JUDICIAL FIRST CLASS MAGISTRATE COURT,VAIKOM .................... PETITIONER/COMPLAINANT ------------------------------------------ E.M.SHAMSUDEEN, S/O. MUHAMMED ALI, AGED 61 YEARS, BISMAILLA MANZIL, MEVALLOOR.P.O., VELLOOR KARA, KOTTAYAM DISTRICT. BY ADV. SRI.SHAJI P.CHALY SRI.S.GOPAKUMAR SRI.R.SANJITH RESPONDENT(S): ACCUSED ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE LAW SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. ABDUL REHIM, S/O. MOOSA, VELIYIL HOUSE (KANNANTHARA), TRICHATTUKULAM.P.O., PANAVALLY VILLAGE, CHERTHALA, ALAPPUZHA DISTRICT PIN-688581. PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR FOR R1 THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(Crl.) No.575 of 2011 -------------------------------------- Dated this the 24th day of February, 2011. JUDGMENT Notice to respondent No.2 is dispensed with in view of the order I propose to pass. 2. Prayer in this petition is to direct learned Judicial First Class Magistrate, Vaikom to consider and issue appropriate process against respondent No.2 to effectuate and realise fruits of the award passed by the Lok Adalath on 04.05.2005 based on the reference made by it and pass such other orders which this Court deems fit and proper. Petitioner filed three cases against respondent No.2 - C.C.Nos.37, 39 and 40 of 2004 before learned Judicial First Class Magistrate, Vaikom, all for offence punishable under Section 138 of the Negotiable Instruments Act. Those cases were referred to the Adalath for consideration and the Adalath passed award directing respondent No.2 to pay Rupees one lakh in each case to the petitioner within six months from the date of award and in default of payment to pay interest at the rate of 12% per annum. Grievance of petitioner is that respondent No.2 did not pay the amount as directed by the Lok Adalath in the award and hence to enforce the award petitioner filed Crl.M.P.Nos.8311, 8331 and 8332 of 2010 but, learned Magistrate has not passed any order on the said petitions. According to the OP(Crl.) No.575/2011 2 learned counsel, 'court' as defined in Section 2(aaa) of the Legal Services Authorities Act includes a criminal court as well and in view of Section 21 of the said Act the award passed by the Lok Adalath has deemed to be a decree. 3. Concerning execution of the award passed by the Lok Adalat in criminal cases, a learned Judge of this Court has rendered a decision in Govindankutty Menon v. Shaji (2010 (1) KLT 43). According to the learned counsel that decision is distinguishable on facts. However, it is not necessary for me go to into that question in this proceeding since petitions filed by the petitioner are pending before the learned Magistrate and those petitions are to be disposed of by the learned Magistrate. Resultantly this petition is allowed. Learned Judicial First Class Magistrate, Vaikom is directed to dispose of Crl.M.P.Nos.8311, 8331 and 8332 of 2010 in C.C.Nos.37, 39 and 40 of 2004 as provided under law. THOMAS P.JOSEPH, Judge. cks