i had been approached by a party to buy certain material from me on promise of regular payment. I started supplying material to the party and the payments were irregular. I refused to deliver more goods to the buyer. He then approached me and asked for material and gave me post dated cheques and promised me regular payment.
Again payments became irregular and i stopped supplying him material. On asking for payments from the buyer he kept delaying the matter. When i presented the cheques to the bank i came to know that the account has zero balance.
My total outstanding amount is Rs 80 lacs and i have cheques of Rs 30 Lacs
My questions
1. can i file complaint of cheating and fraud, since he induced me to sell material on the false pretext of cheques
2. can i file case under section 138 NI act also ?
3. can i file suit for recovery of the entire amount ?
4. if he clears the cheques on presenting notice under 138, does the criminal case of cheating still hold ?
