Cheque bounce under agreement is under ni act

On 10.01.2011 the accused, Mrs Nirmala Bhadauria had approached me personally and asked for a loan of   Rs 8,50,000/- by giving assurance minimum guaranteed monthly income of Rs 50,000/- assurance of basic invested amount of Rs 8,50,000/- to be safe and can be withdrawn anytime through cheques (Rs 25,000/-, Rs 25,000/-, & Rs 8,00,000/-) given by the accused from her Union Bank.                 

I got lured by the offer made and arranged half the payment on the same day (that I had saved for my daughter’s marriage & borrowed some amount from my mother/ relatives). Within few months I paid the accused, Mrs Nirmala Bhadauria a sum total of Rs 8,50,000/-. On 16/05/2011 she made an affidavit mentioning all details of cheque given to me on account of that loan.

At the time of handing over the above cheques the accused Mrs Nirmala Bhadauria Prop Fatima’s Mother Kitchen had assured me that these cheques will be encashed/ honored on presentation in my Bank. Taking the above assurance as true, I had accepted those cheques.

When I presented the above cheques in my Punjab National Bank, Shankar Road; none of them get encashed. They all get dishonored  with remarks ‘FUNDS INSUFFICIENT’ & the last cheque of Rs 8,00,000/- got dishonored on 18.08.2014 with remarks ‘STOP PAYMENT BY DRAWER’. I HAD ISSUED NOTICE 2 TIMES TO THE ACCUSED BUT SHE IS NOT WILLING TO PAY.

She has already complained the police about her lost cheque book mentioning these cheques in FIR.

Can I FILE A CASE UNDER SEC 138 NI ACT ON THE BASIS OF CHEQUE BOUNCED AGAINST THAT LOAN OF Rs 8,50,000/- AND AFFIDAVIT MADE ON 16/05/2011 MENTIONING DETAILS OF CHEQUE GIVEN BY ACCUSED?