File a criminal case for dishonour of cheque

I have come to you this far so as to have your legal suggestion about filing a case against a person for not paying me the rent of my property that he has taken on rent for commercial purpose for more than a year. This Individual has been running his business/consultancy etc.. something that im not well aware of in my property unfortunately without a legal rental/lease agreement. We have not made any agreement which is the main reason i think he has been taking it lightly. We had made no agreement because he had earned my trust. He has given me 2 cheques dated differently one being 7 Lakhs and the other 2 Lakhs as an evidence/proof that he owes me that money in the form of rent from the past 1 year. That is the only proof i have agaisnt him at present. He has promised and given his word while he had given those 2 cheque. Both the cheque got rejected due to insufficient funds. And now i feel cheated and i dont think there is any possibility where we can mutually agree upon the same. So what i wanted to ask is that if its possible to send him a notice first, then after 15 days can i file a criminal case under section 138 Ni for dishonour of cheque without an evidence for why he had given me the cheque as we have not made any rental agreement.