138 ni act

First of all u need to ascertain about the whether there was any legally enforceable whether in part or in full. If u can prove there was no debt payable to the complainant on the date of cheque drawn, then u can defend the case properly. What is the amount on cheque and whether any document created by the complainant against the consideration? Better you put the accused into witness box and in his evidence by affidavit explain all the possible defense u can take. If you have lost the opprtunity, you can rely on

1.2008 AIR SCW 738

        Krishna Janardhan Bhat V/S Dattatreya G.Hegde

2.     ILR 2008 KAR 4629

        Shiva Murthy V/S Amruthraj

3.     2006 (3) SCC (Cri) 30

Narayana Menon @ Mani V/S State of Kerala & another.

Give defenses that you have in your case with gist of the case, so that I can help you. Actually the law says, the accused need not enter the witness box. But  should be in a position to prove that,  the cheque drawn is not for any consideration and that there was no debt on the date mentioned in the cheque in question.