NI Act S. 138

Kindly guide me regarding the following issue: The drawer of a dishonoured cheque issued fresh cheques for making payment for dishonoured cheques upon receipt of demand notice from the payee and also sent a reply clearly stating that he has attached fresh cheques with the reply for payment of dishonoured cheques. But the payee of the cheque did not deposit the fresh cheques in the bank and filed a complaint u/s 138 so as to pressurize the drawer and extract entire outstanding dues from him under the pretext of settlement. He has not produced before the Court the reply sent by the drawer as evidence. What should we do in such a case? Please provide relevant citations also. Thanks in advance.