in a case u/s 138 NI Act, after about 6 years, a draft equal to the face value of dishonoured cheques were given by accused. An application to get this draft was forwarded to court to get the said draft to complainant and it should not be treated as compromise and case should be decided on merit. The learned magistrate only wrote in ordersheet that the draft and application of complainant should be retained in file. No order either to give or not to give the said draft was passed. Whether it is right. And if not, what remedy complainant has to get the said draft, but at the same time does not want to compromise due to loss of time and interest and want to get decided the case on merit.
