Cheque Bounce Case - worked with a web development firm in Ahmedabad Cheque Bounce Case - worked with a web development firm in Ahmedabad

1 year ago

Hello

I worked with a web development firm in Ahmedabad. When I joined they told me that 1 month will be training without any allowance and after that 2 months they will give me a stipend of 8k rupees till my probation period (next 2 months) ends. After that, they have given me the offer letter and mentioned that I'd joined as a trainee and the salary will be the same for the one year. Actually, that was not as per our discussion. I signed this offer letter along with one agreement.

Besides this, they took 1 cheque as a security amount along with 1 of my original document. After this, I told them to exchange my offer letter because they mentioned the same 8k for one year. So they didn't give me an updated offer letter and after the probation period, they did not give me an appointment letter as well.

After completion of a probation period of 3 months, they gave me the same 8k salary which is not even a minimum wage. I told HR many times but she didn't give a proper answer for 8 months. Also, my last month's Salary is pending, all my overtime payments and they didn't give me my original document till now. So I decided to left the job because of their unprofessional behavior. and finally, I tendered my resignation in November 2020.

So now they filed legal action (I'd received court samans under section 138) against me that I left the job without serving a notice period. And a bank cheque that they have taken from me is bounced because they haven't transferred a single salary into salary my account (At that time they'd transferred all employee's bank accounts to another bank).


So I just wanted to know, My employment considered a legal, as well as minimum wage, PF, ESI (Gov. Mandatory Acts), can be applied in my case? They haven't given me anything.

So, please suggest to me what should i do. Looking forward to your advice on this issue.

Thank you.

Kishan Dutt Kalaskar

Responded 1 year ago

View All Answers
A.Dear Sir,
You are in dangerous situation by giving cheque to your employer. Normally, no genuine employer receive cheque from the employer. You may get file quashing petition before High Court under Section 482 Cr.P.C and get the cheque bounce case proceedings quashed.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 1 year ago

A.If the signature in that cheque is yours, then that had given them the right to fill up that cheque by putting date and amount therein. It is necessary on your part to make appearance in that NI Act Court case through Pleader or personally by taking Bail.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconFD as a security for bail
Dear Client, Generally, FD can considered as a legitimate form of security for bail in cheque bounce case. However, in most of the cases it involves specific procedural requisites, wherein, the bank c...
question iconCheque bounce due to stop payment.
Dear Sir, You just file cheque bounce case against him and then let him contest the case and prove his defence which is very hard.
question iconCheque bounce
Dear Client, According to Section 138 of Negotiable Instruments Act, cheque bounce is a punishable offence with an imprisonment of up to two years and fine up to twice the amount of cheque. So, the ag...
question iconCheque bounce case
Dear Client, a cheque bounce case under sec 138 of the NI act must be filed within 1 month of the act and legal notice must be sent within 45 days of the offence, but if the arrest is made 5 years af...
question iconCheque Bounce - Section 138 Negotiable Instruments Act
Dear Client, Unlike a civil summons, which initiates a lawsuit, a criminal summons doesn't trigger the criminal proceedings. It simply serves as a formal notice notifying the accused of the charges a...