Lok Adalat Cannot Dismiss Case For Non-Appearance Of Parties, Has To Remand Back To Concerned Court: Allahabad High Court

The Allahabad High Court has held that a Lok Adalat cannot dismiss a case for non-appearance of parties and that it has to remand the case back to the concerned court.

The Court was considering an Application seeking quashing of a case registered under Section 138 of the Negotiable Instruments Act, 1881.

The Bench of Justice Anish Kumar Gupta observed, "....The court on its own motion, without obtaining the consent of the applicant herein and without any intimation to the complainant, taken up the complaint case filed by the applicant herein in the Lok Adalat on 19.12.2017 and dismissed the case for want of prosecution, without following any of the procedure prescribed under sub-section (5) of Section 19 and Section 20 of the Legal Services Authority Act, 1987. Even if the matter was taken up in Lok Adalat when the parties were not present, it is not permissible for Lok Adalat to dismiss the case for non-presence of the complainant. Rather, if the parties are not present, it is the duty of the Lok Adalat to refer back the matter to court concerned for deciding the case on merits as has been provided under sub-section (7) of Section 20 of the Legal Services Authority Act."

The Applicant was represented by Advocate Niklank Kumar Jain while the Respondent was represented by Government Advocate.

Facts of the Case

Counsel for the Applicant submitted that the Applicant had filed a Complaint Case under Section 138 of the NI Act and the matter was taken up in the Lok Adalat and on the said date, since none appeared on behalf of the complainant, the complaint was dismissed under Section 203 of the Criminal Procedure Code. He also submitted that once the matter is taken up in Lok Adalat it can be disposed of on the basis of the settlement, if any, arrived at between the parties and if none appears the matter is required to be sent back to the main court for disposal in accordance with law.

It was averred that in Lok Adalat, the matters cannot be dismissed for want of prosecution, even on non-appearance of the complainant. The Counsel further submitted that no consent was ever given by the Complainant for taking up the matter in Lok Adalat, which was the precondition for referring the matter to the Lok Adalat. Reliance was placed upon Section 20 of the Legal Services Authority Act 1987. 

Reasoning By Court 

The Court after looking into the relevant provisions noted that the Court on its own motion, without obtaining the consent of the Applicant herein and without any intimation to the complainant, taken up the complaint case filed by the Applicant and dismissed the case for want of prosecution, without following any of the procedure prescribed under sub-section (5) of Section 19 and Section 20 of the Legal Services Authority Act, 1987.

It ruled that a Lok Adalat cannot dismiss a case for non-appearance of parties and have to remand it back to the concerned court.

The Application was accordingly allowed.

Cause Title: Rajeev Jain v. State Of U.P. And Anr. (2025:AHC:176359)

Appearances:

Applicant- Advocate Niklank Kumar Jain

Respondent- Government Advocate, Advocate Shashi Kumar Mishra

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