JUDGMENT

Swarana Kanta Sharma, J.

1. By way of above-captioned petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.'), the petitioner seeks the following reliefs:

i. Setting aside of order dated 27.09.2019 passed by learned Metropolitan Magistrate (NI Act), Central, Tis Hazari Courts, Delhi in Complaint Case No. 6779/2017, and dismiss the application under Section 145(2) of Negotiable Instruments Act, in CRL.M.C. 6010/2019;

ii. Setting aside of order dated 27.09.2019 passed by learned Metropolitan Magistrate (NI Act), Central, Tis Hazari Courts, Delhi in Complaint Case No. 6780/2017, and dismiss the application under Section 145(2) of Negotiable Instruments Act, in CRL.M.C. 6028/2019;

iii. Setting aside of orders dated 30.04.2019 and 03.12.2019 passed by learned Metropolitan Magistrate (NI Act), Central, Tis Hazari Courts, Delhi in Complaint Case No. 541812/2016, and dismiss the application under Section 145(2) of Negotiable Instruments Act, in CRL.M.C. 6602/2019.

2. Brief facts of the case, leading to the filing of present petitions, are that petitioner i.e. M/s. Khanuja Exports & Finance Pvt. Ltd. is a Private Limited Company, who was approached by the respondent in capacity of proprietor of M/s. South India Freight Carriers in July, 2012 for availing a loan of Rs.1,00,00,000/-, which was granted by the petitioner on certain terms and conditions. Subsequently, disputes had arisen between the parties in relation to terms of payment and several Memorandum of Understanding/Settlement Agreements were executed. Later on, in the year 2016 and 2017, when the several cheques issued by the respondent/accused had got dishonored, the petitioner/complainant had filed complaints under Section 138 of Negotiable Instruments Act, 1881 accordingly.

3. It is the case of petitioner that when the respondent was summoned before the learned Trial Court, he had shown his willingness to settle the disputes and the matter was referred to National Lok Adalat which was to be held on 09.09.2017. However, before that, the parties had entered into an Understanding/Settlement Agreement dated 08.09.2017. Thereafter, when the matter was listed before National Lok Adalat, the factum of settlement dated 08.09.2017 was disclosed by the parties before the learned Judge and accordingly, the settlement between the parties was reduced in their respective statements on oath and the memorandum of settlement was exhibited being part of their statement which were duly signed and accepted by both the parties. It is further stated that the matter was then posted before learned Trial Court on 08.11.2017 by National Lok Adalat for payment of installments as agreed between the parties and the respondent had started making payment in parts in compliance with the settlement. It is the case of petitioner that after making some payments as per the settlement entered into before National Lok Adalat, the became dishonest and stopped making payments, and rather filed an application under Section 145(2) of Negotiable Instruments Act seeking permission to lead evidence and cross-examine the complainant witness, after lapse of more than two years.

4. In CRL.M.C.6010/2019 and 6028/2019, the common order dated 27.09.2019 passed by learned Metropolitan Magistrate (NI Act), Central, Tis Hazari Courts, Delhi in Complaint Case No. 6779/2017 and 6780/2017 respectively, impugned before this Court reads as under:

"...On last date of hearing, notice was framed against the accused and the matter was listed today for orders on the application filed by the accused u/s 145(2) of Nl Act. Written submissions have already been filed.

Arguments heard. Record perused.

The accused has flatly denied the averments of the complainant and has infact stated that he has already made payment to the complainant for an amount more than what is so being demanded of him. He has also filed on record several documents in support thereof.

Considering all of this, the contentions elaboratel