Party in person (reply to notice)

Dear Esteemed Members,

I have received a Notice u/s 138 for a frivolous cause which is completely bad in law & is not maintainable under various provisions of NI Act. I intend to fight this in person as i'm very well conversant with the facts and legal points of the case & prepared very well with all case studies from SCI & various HC's.

THE CASE:

I had signed a contract for a transaction with a party in NOV 2012 & had issued three undated crossed cheques as a guarantee which was clearly mentioned in the Contract stating that "The undated cheques delivered to ________ has to be treated only as a guarantee and in no circumstances shall _______ be authorised to present the cheques in breach of the terms of the MOU".

The terms of the MOU had expressly authorized the Party to provide for a date on the three cheques upon certain eventualities only after giving a written notice to me with a 15 days remedy period. It is also expressly stated in the contract that each cheque has to be presented only one at a time and not at the same time at any eventualities only after giving a 15 day written notice to me so that i can arrange for the funds. These expressed terms of notice & presenting of cheques one at a time only is mentioned as  "a mandatory obligation on the ___________ which shall be treated as a breach of the contract and breach of confidence".

 The other Party failed in his obligations and as per the contractual terms i had served him a written notice in Jan 2015 providing him a 30 day remedy period to fulfill his obligations or accept termination amicably failing which he can choose to trigger the Arbitration clause. He refused to accept the termination notice and in writing expressed his intent to cure the breach within the notice period which he failed to cure. Hence, as per my termination notice and several communication between us the Contract stands terminated as of Feb-March 2015.

Even the 36 months expressed term of the Contract entered on NOV 2012 ended on 1st DEC 2015. Between March 2015 till March 2016 we have not had any official communication on the said Contract. Moreover, vide a legally enforceable Promissory Note the Party has even taken a considerable amount as a short term loan from me thru cheques and acknowledged with legally enforceable receipts and acknowledgements from time to time. He has also returned a part of the loan amount vide cheques which are duly encashed by me as recently as Feb 2016. He wouldn't take money on interest from me if he beleived i had any legally enforceable debt towards him.

Things started going wrong only when i insisted for him to pay me the balance loan amount with interest as it was long due failing which i shall initiate legal process of recovery. He suddenly used the Guarantee cheques provided to him 40 months back under the above mentioned Contract which stands legally terminated as of his presentation of the cheque in April 2016.

The last cause of action even as per him could have been the end of the expressed contact term which was Dec 2015 though i had legally terminated the contract in March 2015 itself. Hence, at any cost he cannot affix a March 31st date and present the cheque on 2nd April 2016 which is beyond the validity of the cheques. (As per my argument the cheque became invalid after 6 months from Nov 2012 & definetly after the termination of the contract).

MY QUERY:

The facts of the case are very simple and not maintainable. I have prepared my reply to his notice with all the relevant sections to challange the validity of the cheque, existance of legally enforceable debt, his authority to put a date u/s 20, applicablility of sec 20, Non applicablity of Presumption of date u/s 118 as the contract expressly mentions that undated cheques were handed over upon signing in Nov 2012, I'm asserting that u/s 46 date of delivery is date of drawn, etc

I want to know the following:

1. Can i send a detailed reply denying all the contents of the Notice by myself without having to hire a lawyer? I appreciate the value a learned lawyer brings on table but feel this is a open & shut case where i can actually seek to sharpen my legal skills & learn.
2. In the reply can i also mention about the short term loan the Party has taken from me vide a valid promissory note and due to inability to pay it back he's instituting this criminal proceedings against me with malicious intent.
3. Can i threaten to file a case against them for Malicious Prosecution, defamation, harassment,  providing wrong information u/s 182, etc? 
4. Can i insist the Party's lawyer to include my reply and the Contract in full without any ommissions or deletions such that the Honarable Judge can make out the ingredients of offence u/s 138 as required u/s 142(iii)?
5. Can i offer the other Party to forgive his criminal attempt to get me entangled in a false case if he returns the un deposited cheques and provide me an unconditional apology letter. (Can i do this without prejudice to any remedy i may have in law if he refuses to do so & still files a complaint?)
6. Do you advise me to write the entire case facts in detail in the reply so that the Honorable Judge can dismiss his complaint on finding of true facts or will a lenghty reply turn-off the Judge and act detrimantal to my case?
7. What chances do you see of the complaint getting dismissed if my defence in reply is solid?

Sorry for the lenghty post. Thanks for all your advises in advance. 

Regards

AG