I had acted as a facilitator in a site sale transaction in year 2012 . the money was paid via me by buyer to seller. i received cheques from buyer and paid seller by cheques.since the sale was found illegal i demanded refund from seller. meanwhile buyer entered into a agreement with me and authorised me to take all legal steps to recover money from seller on his behalf.i issued 3 undated cheques to buyer for refund of money due from seller and took back to back cheques from seller. one cheque got encashed by buyer and remaining two cheques payment was to be made as and when money is recovered from seller . suddenly in 2014 the buyer wrote date in cheques himself and presented to bank without my knowledge and consent. the cheque s got bounced and buyer filed a criminal case under section 138 NI act. the court issued summons. the points to be note d is that legal notice served to me was unsigned and not signed by lawyer. both the undated cheques were issued 2 years ago and proof of date of receipt of cheques by buyer is mentioned in agreement /authorization given to me. the cheques presented by complainant (buyer) to bank were barred by mandatory time limitation of 6 months .
in view of above i wish to know can i challenge the case before trial court by submitting all above evidence available to me before framing of charges and get acquital in teh case.pl give me any recent judgements avaialble.under what provisions i can challenge the case before framing of charges commences in trial court .also complainant ha s lied about many matters in his affidavit for which i have documentary evidence.kindly help me please.
