SECTION 138 APLICABLE OR NOT

please advice i have purchased a land from A by paying him half the amount of total consideration with some conditions like measuring the land,removing the encrochement, the land not reserved,etc.but all conditions was not fulfilled by the sellar so i issued him notice to comply the conditions in sale deed and in event of the conditions are not fulflllied i will be restrained to stop the cheque thouh he did not reply my notice and not fulfilled the comditions mentioned in the registered sale deed so i stopped the cheque, my account was having more than amount of cheque. he presented the cheque to the bank my bank sent him the memo with having remark as payment stopped by the drawer, so he sent me notice u/s 138 ni act i promptly replied to it mentining tjhe facts,but he filed with criminal case u/s 138 against me, the more of the above is that he supressed the facts of the sale deed from the magistrate,so he issued the process, here what remedy is available to me i am very much afraid because it the criminal case me.I am ready to pay the said amount as soon as he compleates the what he has agreed in the sale deed. kindly help me by sending me the recent judjements of the hon courts. please help me.