- (1.) Heard Sri I. B. Singh, Senior Counsel assisted by Sri Shyam Kumar Rai, learned counsel for applicant and learned A.G.A. for State-respondents.
(2.) This application under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as " Cr.P.C .") has been filed challenging order dated 24.07.2011 passed by Sri Prahlad Tandon, Additional Chief Judicial Magistrate-IV, Court No.28, Lucknow in Case No.8905 of 2008, on applications filed by applicant for withdrawal of criminal cases pending in Court which were taken in Lok Adalat and while accepting withdrawal application filed by applicant-Bank, learned Magistrate has proceeded to adjudicate upon merits of the matter observing that filing of criminal cases under Negotiable Instruments Act , 1881 was gross abuse of process of law and he has imposed fine Rs.5000/- on Bank in each case.
(3.) Learned Senior Counsel stated that while considering the matter in Lok Adalat, Magistrate had no jurisdiction to impose any fine or adjudicate on any issue, since, there was no consent given by parties and order passed by Magistrate concerned in Lok Adalat imposing fine is patently illegal and arbitrary. The operative part of said order reads as under : ...[VARNACULAR TEXT OMITTED]... "The court finds that the court proceedings have been abused by the complainant I.C.I.C.I. Bank for meeting the commercial objectives. The precious time of the Court / Office has wasted and it is essential to compensate the same. In such condition, I find it just and proper to impose Rupees Five Thousand fine on the complaint (each). The said money be deposited at District Legal Services Authority, Lucknow within 15 days. In case of not depositing the money, the same be recovered as land-revenue." (English translation by Court) ;