1. - Heard Petitioner is being prosecuted since 10.6.93 for having committed offence under Section 138 of the Negotiable Instruments Acg (in short 'the Act'). It appears that on 3.7.1997, when the case was filed for recording the defence evidence, the petitioner moved an application requesting therein that the case be disposed of in terms of the compromise having arrival at between the parties. A compromise deed/settlement deed, certain affidavits were also filed, prima facie suggesting that the respondent No. 2. Subhash Maheshwari had settled his dispute with the petitioner finally against a payment of Rs. 1.50 lacs. In order to satisfy himself, learned Magistrate called the complainant Subhash Maheshwari who though admitted that he had received a sum of Rs. 1.50 lacs from the petitioner towards his debt due from him, yet the same was a partial payment of such debt. Learned Magistrate pointed out that he further enquired of Subhash Maheshwari complainant as to whether he wanted to withdraw from the prosecution but the complainant refused to withdraw from the prosecution. Learned Magistrate, therefore, observed that since the offence under Section 138 of the Act was not co