We had a working partnership with a person but unfortunately the business didn't went as expected so we signed dissolving deed with post dated cheque. Since we meet into lose so couldn't honour the PDC. She filled a cheque bounce case. In the meantime, we partially sold the business and done the name change as well.
With that sold amount we had a offline agreement with them and repaid 95% of the cheque amount (upon mutual consent - written and signed in a normal paper by both the parties) and agreed to withdraw the case as well.
But they didn't withdraw the case yet and they're demanding for the balance 5%.
09 November 2018
Actually the case under S.138 is not made out here, as there is no liability. But pay 5% honorably, not much to worry about cheque bounce case as you have already paid 95% and even otherwise case is not made out. Of course it will painful till it gets over.