A.
Dear Client,
Your query lacks information and transparency to address it suitably. In the absence of any written agreement or contract, you transferred the money that makes your claim for recovery of said money most weak and challenging. As per the BHEL Conduct, Discipline, and Appeal Rules, 1975, an employee cannot engage himself in any trade or business other than their official duties without first getting permission from the competent authority as BHEL is a Public Sector Undertaking (PSU) and its employees are considered public servants. Even if a family member of an employee is involved in a business or trade, the employee is required to report this to the company. Violation of these rules, including engaging in unauthorized private business, is considered misconduct and can lead to disciplinary action against the employee, once it is brought to the notice of the competent authority of BHEL. Apart from this action, when the person issued a receipt of the money and cheque confirming the receipt of the money you transferred online for the purpose, you can represent the said cheque in the Bank for its encashment and on presentation, if the cheque is dishonoured or bounced for any reason, then you can file a criminal suit against the drawer of the cheque under Section 138 of the N I Act, 1938, within three months from the date on which it was presented in the bank and dishonoured. A post-dated cheque leaf, voluntarily signed and handed over by the Drawer of the cheque, which is towards some payment, would attract presumption under Section 139 of the N.I. Act and on dishonour of the cheque, the cheque's drawer will be held accused under Section 138 of N I Act, 1938. A legal notice is served on the drawer of the cheque within 30 days of the instance of dishonour. The purpose is to give the drawer of the cheque a proper notice regarding the dishonour of the cheque, irrespective of the reason behind the dishonour of the cheque, and a chance to repay. The cause of action arises when notice is served on the drawer and the drawer fails to make payment of the amount of the cheque within 15 days. The payee must file the complaint against the cheque bounce before the Magistrate within 30 days of the expiry of 15 days of issuing the cheque bounce notice to the drawer of the cheque. Hence, considering the nature of offence and the number of victims, it the legal action is taken collectively by all the victims to strengthen the case and accordingly, it is recommended to consult with an experienced Advocate for tailored advice and steps to navigate the issue effectively. To avail the free legal aid to contest the case as provided under the Legal Services Authority Act, 1987, you may contact the office of the Member Secretary, State Legal Services Authority, or the District. Legal Services Authority available in the District Court or High Court concerned.
Posted On 07-Sep-2025
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