138 ni act

Dear All, I have a query with respect to the 138 NIA. In the particular case the accused has been alleging that his signed blank cheque was lost from his cheque book and complainant picked up that cheque, filled in the amount in his name and presented for encashment. The cheque was dishonoured, notice was issued to the accused and subsequently on failure to comply with the notice, the complaint was filed. The accused in his evidence has produced certain complaints which he has made with regards to losing of the cheque, but he has not any status report with respect to the said complaints. He did not even reply to the statutory notice sent to the accused denying his liability or mentioning that the particular cheque was lost. Is there any merit in the contentions raised by the accused?