The High Court of Jammu and Kashmir and Ladakh has annulled a Lok Adalat award passed in a cheque bounce case, citing discrepancies and allegations of forgery.
The Court has also directed the Registrar General to seek an explanation from the judicial officer and advocate who presided over the Lok Adalat that issued the award.
Justice Sanjay Dhar issued the directions while hearing a petition in the case of Syed Tajamul Bashir v. Farooq Ahmad Lone. The disputed award, passed during a Lok Adalat organized by the Tehsil Legal Services Committee, Tangmarg, in 2019, stemmed from allegations of dishonored cheques—one for ₹4.5 lakhs and another for ₹50,000.
Initially, the matter was before a trial court, where the accused denied the allegations. Later, the case was referred to the Lok Adalat, where a settlement was recorded. As per the settlement, the accused purportedly agreed to pay ₹1.50 lakhs in monthly installments. However, the petitioner challenged the Lok Adalat award before the High Court, claiming it was based on a forged settlement.
The petitioner asserted that neither he nor his counsel were present when the award was passed. He alleged that his signature and thumb impression on the settlement were forged, contending that the award was fraudulently issued without his knowledge.
After examining the records, the High Court observed significant inconsistencies between the petitioner’s genuine signature, as seen in a vakalatnama and affidavits, and the signature on the Lok Adalat settlement. The Court found that the signatures of both the petitioner and his counsel on the settlement did not match their authentic signatures, corroborating the claim of forgery.
As a result, Justice Dhar set aside the Lok Adalat award and directed the High Court's Registrar General to seek explanations from the judicial officer and advocate involved in passing the award.
The case will be heard further on March 10 to address these concerns and determine the next course of action.
Advocate Lone Altaf represented the petitioner in this matter.