You should file a case under 138 Negotiable instruments Act.
The grounds for filing a case under Sec 138 of Negotiable instruments are as follows:
1) You had made a payment of Rs1,00,000 to the builder and the money was a form of security deposit paid to the builder for the purpose of buying a house.
2) Since there were differences an agreement to sell was not entered in to between the parties.
3) The builder agreed to refund the security deposit to you and hence issued an cheque.
4) The cheque so issued by the builder returned for want of funds.
5) Security deposit is an acknowledged debt
6) There is no requirement of any agreement/contract, given that yours is the security deposit to the builder.
7) Any communication with the builder through mail, phone sms, whatsapp messages will be construed as additional evidence and hence advise you to keep them safe.
1) Within 30 days from the date of return of cheque, you should issue legal notices to the builder and ask him to pay the money within 15 days from the date of receipt of notice.
2) If the money is not paid within 15 days from the date of notice, you should file a case under section 138 of NI act in the courts having jurisdiction of the place where your bank is situated.
Hope this helps.