U/s 138

Dear sir, Actually I had booked a flat on a housing loan from a finance company that was arranged by the builder himself. The loan has a condition that I do not have to pay the EMI's till I get the posession of the flat, the builder will pay it till the flat's possession is given to me. But the builder has failed to meet the deadlines of the construction (due to silly reasons of the RERA act, demonetisation,etc) and the construction is at halt for indefinite time now, also builder has exceeded the tenure of loan emi payment and hasnt paid the EMI since 6 months now. In cooperation with builder, on the commitment of reimbursement, I have paid the EMI for 2 months, but since the failure of reimbursement by the builder, the EMIs haven't been paid after that. Now the finance company is claiming upon me U/s.138 by trying to encash the cheques given as security by me 2 years ago during the booking. They are failing to understand the situation where the builder is at fault for having not constructed the flat and given possession of the same and not paying the EMI's of the same till date as per the contract that I as a customer do not have to pay any EMI till I am not handed over the possession of the booked flat. Please help me out with the suggestions to get me out of this situation. I will be grateful to the professionals here.