Instruments Act, 1881. When the complaint was at the final stage, respondent made statement (Annexure P-3) dated 13.10.2007 in Lok Adalat agreeing to pay Rs.76,500/- against cheque amount of Rs.90,000/-. The respondent paid Rs.3,000/- at the time of making the aforesaid statement and agreed to pay Rs.20,000/- on 22.10.2007 and the remaining amount in monthly instalments of Rs.3,000/- each commencing from 10.11.2007. In view of said statement made by the respondent regarding compromise effected in Lok Adalat, the petitioner got the complaint dismissed as withdrawn, vide order dated 13.10.2007 (Annexure P-4) passed by learned Judicial Magistrate Ist Class, Karnal, which has been assailed in the instant petition. The petitioner also filed execution petition (Annexure P-5) for recovery of the balance amount as per compromise, but by making statement (Annexure P-6) on 16.04.2009, the said execution petition was dismissed as withdrawn vide order dated 16.04.2009 (Annexure P-7). The petitioner stated that he would initiate proceedings for revival of the complaint and for action against the respondent. Accordingly, the instant petition has been filed for revival of complaint by setting aside order dated 13.10.2007 (Annexure P-4) and also by setting aside order dated 16.04.2009 (Annexure P-9).
