During criminal proceedings under Section 138 of N.I. Act, if the accused were to dishonestly state that he was agreeable for reference to Lok-Adalat, in furtherance of which the matter is referred to Lok-Adalat and a compromise being arrived at on certain terms in a dishonest manner in that the accused even at the time knowing fully well that he would not adhere to the terms of the compromise and thereafter the accused not performing his obligation would take up the contention that only methodology available to the complaint is execution of compromise as a civil decree, thereby the accused would have successfully avoided a criminal prosecution, frustrated the complaint and left the complainant with no possibility or lesser possibility of recovering the monies due to him as he would had under Section 138 of N.I. Act.
