LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

S Gupta   25 September 2016

Stop payment in case of cheating

Hi

I have been offered a job in a Company . They initially verbally told me that they will offer be a set package (CTC, Notice Period) and they have a Service Agreement of 3 years. I was told to give a surety cheque so that in case I run away dueing that agreement(job period of 3 years) , they can encash the cheque. They told me once I give the cheque , they will give me a letter of intent which will contain all these points( CTC, Noticeperiod etc). I gave them a cheque (date only not there , rest all was filled). Now when they called me to give the Letter of Intent and Document (Service Agreement) signining , and I saw they changed the CTC, NP, added more terms and conditions which is not acceptable. I told them this is not acceptable (since they diverted from what they told) and I didnt accept that LOI neither did I sign any document they asked me to. Now I told them to give me back the cheque since I havent accepted the offer and specially they changed what they initially told me. But they are not giving it back.

What options do i I have ? If I stop payment then cheque will bounce and I will be in trouble. Can I stop payment in such a case, and if yes, do I need to do anything (send notice etc) 

Please help!

 

Thanks in advance

Santosh



Learning

 9 Replies

S Gupta   25 September 2016

Hi

But if I stop payment a bounce can happen which is criminal

Cant i give notice  or anything else and then stop payment..? Or any other way safe for me

 

Please help!

 

Santosh

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 September 2016

Request letter to bank for stop the payment and a copy of the same to the party also with clear mentioned reasons.

saravanan s (legal advisor)     25 September 2016

Cheque given for security purpose even if bounces doesn't qualify for 138 nia but you need to prove before the court that the cheque has been given for security purpose only

KS Johal   25 September 2016

If the agreement has not been formalized then they have no right to take the security cheque. The cheque should only have been given when the agreement was fully formalized and not before as you have done. The employer may say that because the agreement was formalized initially that's when the cheque was given. Please note the cheque comes into play only when the agreement is formalized and signed by both parties. It is irrelevant that the cheque was given beforehand. I presume you have put the date on the cheque which signifies that you have given this before signing the actual agreement. if you have not signed the agreement because they have changed the terms and conditions of Employment then you can ask the bank not to honour it. Please note it is not a criminal activity by cancelling the cheque. You are only cancelling it because there is no agreement in place.

SAINATH DEVALLA (LEGAL CONSULTANT)     26 September 2016

Cheque given to the employer is a suriety cheque and not a security cheque.If U fail to adhere to the terms and conditions of employment and leave the job abruptly he employer has every right to encash the cheque and will certainly attract the provisions of NI Act.

Better take the able assistance of a local lawyer in case of complications.

S Gupta   26 September 2016

Hi Sainath

I havent joined or signed anything (offer letter etc) .No official offer letter too has been given (email or hardcopy) to me . So I am not an employee yet.Then how can they charge me..Can you please calrify and help

 

Thanks

Santosh

SAINATH DEVALLA (LEGAL CONSULTANT)     26 September 2016

Mr Gupta

U R here to solicit suggestikons from the legal expers and not question them.Moreover U have no business to address the legal experts as Hi or Ha .I am not Hi Sainath but a senior most advocate with 35yrs standing.

Why do U presume things to happen as UR answers lie in UR query itself.

Nitish Banka (lawyer)     26 September 2016

If your employer is able to show a legally enforceable debt then the case is covered under NI 138

Warm Regards,

Adv. Nitish Banka

9891549997

S Gupta   26 September 2016

Hello Mr Sainath My sincere apologies if I may have hurt you but I never had any intentions.I just wanted clarity on how to proceed . Appreciate your response and help Regards Santosh

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register