Jammu & Kashmir High Court asks Lok Adalat members to explain how they accepted a forged settlement

The High Court of Jammu and Kashmir and Ladakh recently sought an explanation from a judicial officer and an advocate, who had presided over a Lok Adalat, on how they had passed a Lok Adalat award based on a forged settlement in a cheque bounce case [Syed Tajamul Bashir V/s Farooq Ahmad Lone]..Justice Sanjay Dhar also set aside the Lok Adalat award in question, before directing the High Court's Registrar General to seek an explanation from the concerned judicial officer and advocate who were members of the Lok Adalat."The Lok Adalat which passed the impugned award was presided over by a Judicial Officer and an Advocate. Having regard to the observations made hereinbefore both of them owe an explanation to the Court for the manner in which they have recorded the settlement," the Court said. .The award was passed during a Lok Adalat organized by the Tehsil Legal Services Committee, Tangmarg, in 2019.Among the cases taken up by this Lok Adalat was a cheque bounce case where one party accused the other of dishonoring two cheques, one being a cheque of ₹4.5 lakhs and the other being one for ₹50,000.The case had earlier been before a trial court, where the person accused of dishonoring the cheques denied the allegations against him. After the matter was referred to the Lok Adalat, a settlement was recorded, whereby the person who was accused of dishonoring cheques allegedly undertook to pay ₹1.50 lakhs in monthly installments to settle the matter. However a petition was later moved before the High Court to set aside this Lok Adalat award on the ground that it was passed on the basis of a forged settlement. The petitioner denied being present when the award was passed or agreeing to pay ₹1.50 lakhs as part of any settlement. He contended that the Lok Adalat award was passed behind his back and that he did not have any knowledge about the same.He told the Court that the signatures and thumb impression on the award were forged and that the award was passed fraudulently. He added that neither he nor his counsel were present when the award was passed..After analyzing the records, the High Court noted glaring discrepancies between the signature of the petitioner on the Lok Adalat award and his signature in a vakalatnama and in affidavits. The Court found that the signatures of the petitioner and his counsel on the settlement recorded in the Lok Adalat's award did not match their authentic signatures. This supported the petitioner’s claim that he never signed the settlement.The Court, therefore, set aside the Lok Adalat award and sought an explanation on how such an award was passed.The matter is scheduled for further hearing on March 10 to address these concerns and determine the next steps in the ongoing litigation..Advocate Lone Altaf appeared for the petitioner..[Read Order]