How to defend wrong cheque bounce case

2 years ago

Sir, I have resigned from an organisation by submitting them my 2 months of salary as it's mentioned in my offer letter that one can leave the company by paying 2 months of salary or 3 months of notice period. I have also served 18 days of notice period. Previously they were agree to provide my documents (Reliving letter) but after 20 days they asked me to pay 1.5 Lakh for next company verification process. I requested them to provide me in written in which bases you are asking me this. But without replying to my mail they deposited my 2 months of salary check which I have submitted them at the time of joining . As I don't have enough amount in my bank the cheque bounced. Now they are planning to send me notice for the bounced cheque. Can you please help me in this.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
If you have carefully followed all the retirement processes that were given under the contract then you can ask the HR of the company about the status of your retirement. However, if the coampany has initiated a check bounce case it has to be defended in the court of law.

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Anik

Responded 2 years ago

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A.Hi,
If they have initiated a cheque bounce case against you then you will have to hire a lawyer and defend it in the appropriate forum. However, if all the processes regarding your termination are complete then you just have to serve proper notice to the offcial administration regarding the same.
Thank you, kindly rate the answer.

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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Sabse pahle aap ek advocate ko niyukt kare or unse sabhi apni baate share kare. Uske baad jo notice aap ko mila hai uska strong jabab de.
Yadi aap is vivad ko hal karna cchate hai tab aap unko unke dwara mangi gai rashi ko ada kar de.
Nhi to aap case ko lde.

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Within 30 days of return memo of that Dishonoured Cheque, through a registered post, that Organization is entitled to give you Notice u/s 138 of the Negotiable Instruments Act,1881,giving you 15 days time from the date of receipt of such Demand Notice to make payment of that dishonoured Cheque amount, in default on your part,within 30 days therefrom they will file complaint against you in the Court of the Judicial Magistrate u/s 138 of the Negotiable Instruments Act,1881. Once the Court receives complaint, the you will be summoned as accused and Proceeding will be initiated under Section 138 of the Negotiable Instruments Act,1881. The Organization at the same time can issue legal Notice to you for Civil remedy also and Money Suit can be filed in Civil Court for the recovery of that sum.You can file a counter case against the Organization stating the actual facts.

Therefore, during the period stipulated in that Demand Notice, you are entitled to give reply through your lawyer with full facts of your defence . On the ground of fraud , you are entitled to take legal action against that Organization.

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Abhimanyu Shandilya

Responded 2 years ago

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A.See if the cheques bounce and they decide to file a cheque bounce case against you then you will have to defend yourself in the court of law that is fight the case in the court by hiring a good cheque bounce case lawyer for yourself.
The other way is that you can pay the amount what is due to them and the cheque bounce case cane be dismissed.

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Sidhaarth

Responded 2 years ago

A.Firstly stop the payment of cheque. If any legal notice received then sent proper reply under guidance of a competent lawyer mainly on the ground that cheque was without consideration etc.

Find cheque bounce lawyers here https://www.vidhikarya.com/cheque-bounce-lawyers

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