Can a Cheque Bounce Case be filed for Investment Made?

A friend invested money around Rs. 4.5 Lacs in my business through bank transfer. He had 10 Blank signed cheques of mine. There was no agreement drawn up about this investment. I paid him good returns, however later on the business flopped and I haven't been able to pay the returns. nNow the friend has lodged a case against me under section 138 ni act, and his complaint and affidavit filed as evidence clearly mentions that he had made an "investment" in the business, it is nowhere mentioned a a loanAlso he has not disclosed all the amount received as part repayment or even the profits I have paid him through my bank account1) Can Section 138 cheque bounce case be filed for what is clearly mentioned as investment and not as loan or debt?n2) While filing the affidavit he has only showed payment made to me for Rs 3.6 lacs. While he has got the cheque bounced for Rs. 4.5 lacs. Can i take the argument that the amount claimed is more than the amount shown loan amount?