Legal Question in Criminal Law in India

lok Adalath

Magitrate referred the case U/

magistrate refered the request of the Accused U/S 138 of NI Act to lok Adalath . the complinant said that he is not willing . Inspite of the objection Magistrate referred the matter to lok adalath .Is it correct. kindly clarify


Asked on 8/15/08, 9:23 am

4 Answers from Attorneys
Vishwa Arya Arya & Co.

Re: lok Adalath

Lok Adalat is an attempt to settle the matter out of court. Matter is considered settled when both the parties agree to the settlement. In case one does not want the settlement or does not agree to the settlement, the matter is sent back to the concerned court

Vishwa Arya

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Answered on 8/15/08, 10:40 am
Pravin Vaidya Independent

Re: lok Adalath

In case any party to dispute viz. petitioner or respondent is not willing to settle the matter thruogh the medium of Lok-Adalat, the matter cannot be take up by the Lok-Adalat forum. In case the matter is still referred to Lok-Adalat by the magistrate the dissenting party can submit his disent before lok-Adalat and the matter will be remitted back to the concerned court

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Answered on 8/23/08, 6:29 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: lok Adalath

Yes court has the discretion for reference.

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Answered on 8/18/08, 2:31 am
Shrichand Nahar S.V.Nahar, Advocate

Re: lok Adalath

Lok Adalat is for amicable settlement of dispute. If both the parties appear before Lok Adalat and even one of them state that he/she is not willing to settle, Lok Adalat would send the matter back to Magistrate for trial.

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Answered on 8/16/08, 2:03 am


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