GITA MITTAL, J.

1. The legal permissibility of referring a complaint cases under Section 138 of the NI Act for amicable settlement through mediation; procedure to be followed upon settlement and the legal implications of breach of the mediation settlement is the subject matter of this judgment. Shri Bharat Chugh, as the concerned Metropolitan Magistrate (NI Act) – Central - 01/THC/Delhi, when seized of Complaint Case Nos. 519662/2016 and 519664/2016 (Old Complaint Case Nos. 2429/2015 and 2430/2015) under Section 138 of the Negotiable Instruments Act (“NI Act” hereafter) passed an order dated 13th January, 2016, the following questions under Section 395 of the Code of Criminal Procedure (“Cr.P.C” hereafter) to this court for consideration :

“1. What is the legality of referral of a criminal compoundable case (such as one u/s 138 of the NI Act) to mediation?

2. Can the Mediation and Conciliation Rules, 2004 formulated in exercise of powers under the CPC, be imported and applied in criminal cases? If not, how to fill the legal vacuum? Is there a need for separate rules framed in this regard (possibly u/s 477 of the CrPC)?

3. In cases where the dispute has already been referred t