ORDER(Oral)

1. The petitioner had instituted two criminal complaint cases (CC Nos.20042/2016 and 18609/2016) against party respondents in these petitions alleging offences under section 138 of the Negotiable Instruments Act, 1881 having been committed by failure to make the payment of the requisite amounts pursuant to notices on demands that had been issued by the said parties in the wake of return of cheques by the bank upon presentation. It appears that on the basis of pre-summoning inquiry, the respondents herein were summoned as accused in the said two criminal cases. It further appears that midway the proceedings in the criminal complaints, parties entered into settlement agreement in Delhi Mediation Cell on 26.11.2016, the terms whereof would read thus:

"1) The matters have been amicably settled between the parties for a total sum of Rs.16,00,000/- (Rupees Sixteen Lac Only) in full and final settlement of the present cases.

2) The settlement amount of Rs.16,00,000/- (Rupees Sixteen Lac Only) shall be paid by the accused/respondent to the complainant by way of sixteen post dated cheques of Rs.1,00,000/- (Rupees One Lac Only) each of Punjab National Bank, SME Br., Industrial Area, Patparganj, Delhi-110092 bearing no.512283 to 512298 having date of 10th each English Calender Month, commencing January, 2017 till April, 2018 and the said cheques are being handed over by the AR of the accused persons to the complainant today itself.

3) In case of any default, the present case shall be proceeded further as per law.

4) After receipt/payment of the entire settlement amount, the complainant shall compound the offence and withdraw the present cases from the Ld. Referral Court and accused shall also withdraw its application u/s 340 Cr.P.C.

5) After receipt/payment of the entire settlement amount, there shall remain no dispute due between the parties qua the present case and that none of the parties shall file any other case/claim against each other in future qua the present cases.

6) It is further agreed between the parties that if any cheques/documents/affidavits/receipts/instruments pertaining to each other are lying with them, same shall be returned by them to each other at the time of withdrawal of the present cases or that if the same are not traceable, the same shall not be used any further and that the same shall become infructuous and meaningless."

2. The settlement agreement dated 26.11.2016 came before the concerned Metropolitan Magistrate on 16.12.2016, when the respondents were present. The presiding officer of the court being on leave, the cases were adjourned for purposes of consideration to 03.01.2017. On the said date, i.e., 03.01.2017, the respondents were absent. The petitioner (being the complainant), however, submitted before the Metropolitan Magistrate that he had received sixteen post-dated cheques in terms of the mediation settlement. Taking note of this submission, the Metropolitan Magistrate avoided passing any adverse orders against the accused for failure on their part to appear and adjourned the matters to 28.07.2017.

3. On 28.07.2017, it is shown from the proceedings recorded by the Metropolitan Magistrate, the counsel for the petitioner informed that cheques which had been presented by that date had failed, no payment having been received through such instruments, though some payment having been remitted by RTGS. The Metropolitan Magistrate noted the information and the absence of the respondents herein and issued non-bailable warrants (NBWs) against them. The subsequent proceedings held (on several dates) right till the impugned order dated 21.01.2019, would show that the duress processes in the nature of NBWs and proclamations under section 82 of the Code of Criminal Procedure, 1973 were issued, but never executed. The respondents appeared on some dates and, on their oral request and explanation, such process were cancelled, their undertaking to pay in terms of the settlement also being noted an