A.K. Basheer, J.

This petition filed under Section 482 of the Criminal Procedure Code, raises an interesting question for consideration.

2. Petitioner is the complainant, in a prosecution under section 138 of the Negotiable Instruments Act. The complaint filed by the petitioner against respondent No. 1 herein, was referred to the Lok Adalath being organised by the District Legal Services Authority as agreed by the parties. The matter was settled and an award was passed.

3. Annexure - II Award will show that the dispute between the petitioner and respondent No. 1 was settled in the following terms.

"Settled for Rs. 1,50,000/-, Rs. 50,000/- will be paid before 31/5/2005, Rs. 50,000/- will be paid by 30/9/2005 and Rs. 50,000/- will be paid by 31/12/2005. Call on 3/6/2005".

4. The case of the petitioner is that respondent No. 1 did not make payment in compliance with the terms agreed upon between the parties. It appears that the petitioner had therefore reported the matter before the Judicial Magistrate of First Class -II, Ernakulam, by whom the matter was referred to the Lok Adalath.

5. The learned Magistrate by his order dated, January 31, 2006, held that no further proceedings can