JUDGMENT :

R. NARAYANA PISHARADI, J.

1. The petitioner is the complainant in the case C.C. No. 1218/2017 on the file of the Court of the Judicial First Class Magistrate-II, Neyyattinkara.

2. The petitioner had filed the complaint against the first respondent for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act’).

3. The case was referred to mediation. A settlement was reached between the parties in the mediation conducted at the local Mediation Centre. As per the mediation agreement dated 31.07.2018 executed by the parties, the accused agreed to pay a total amount of Rs. 3,00,000/- to the complainant in full and final settlement of the case. An amount of Rs. 1,00,000/- as first instalment, had to be paid by the accused before 30.09.2018. The balance amount had to be paid by him before 15.12.2018. It was also agreed that, if the accused made default in payment of the amount before the date 15.12.2018, the complainant shall be entitled to proceed with the case.

4. On 09.07.2019, the learned Magistrate passed Ext.P3 order in the case, which reads as follows:

“The accused and the complainant present. The complaint has been s