138 NI ACT CASE WHAT REMEDY AVAILABLE WITH COMPLAINANT TO RECOVER

Accused settled the 138 NI act matter in Lok Adalat with complainant and agreed to pay the cheque amount in 18 months . statement of Accuse is also recorded before MM in court on S.A. regarding the settlement. and court is satisfied with the settlement and part payment was also given to the complaint according to settlement. but after the gape of 10 months accused step back from his statement and refuse to pay the amount. After that complainant file application before the M M court under section 421 READ WITH SEC. 431 CR.P.C.,1973 .for recovery of the said settled amount giving reference of Dayawati Vs Yogesh Kumar Gosain, reported in (2017) 243 DLT 117 : Crl. Ref. No. 1/2016, the Hon’ble High Court of Delhi. but court is asking for clear provision or paragraph under which he can pass the said application for recovery kindly help me and guide me