Cheque Dishonour
Manish
(Querist) 19 August 2008
This query is : Resolved
I was supposed to join a company for which I signed a bond of Rs 1 lakh. I gave them a cheque for it, which they said was just for a formality (Bond was effective from the date of joining). 10 days before joining, I got an offer from a different company and joined them. I informed the previous company 1 week before my joining date about it through Email and Fax. I also spoke to their HR head on it.
After that I asked my bank to cancel the cheque I gave them. There was no communication after that from that organisation.
Suddenly after 6 month, I got a legal notice from that organisation regarding the dishonour of cheque. I called them up and asked for the reason for sending it when the Bond was not effective as I did not joined. But they did not listen. After that I got a legal summon which I could not receive as I was out of station that time. So it went back without receiving.
Please tell me do I really need to take this seriously and if yes, what should be my course of action.
I really do not want to get into legal issues as my job requires lot of travelling. Can I keep on ignoring the notices they send? Please advice.
Srinivas.B.S.S.T
(Expert) 19 August 2008
Dear Manish already your negligence landed you into troubles. So dont make another mistake by ingnoring the summons because the next step will be Non Bailable Warrant but not a summon again. Hope you have understood the seriousness of the Situation. The first thing you should have done that issuance of a legal notice to the organisation immediately after you turndown their offer and should have issued a stop payment letter to banker mentioning the story in detail. If not the other option would have been loding a complaint with the local police that the cheque has been lost and basing on the issuance of stop payment letter to the banker. However past is past. Tell me have you received any lawyer's notice prior to the summon? is that summon says that the offence is under Section 138 and 142 of NI Act? furnish me further details so that i can be of any help to you. you can contact me at s_bsst@yahoo.com or you can call me at 94401-20259
KANDE VENKATESH GUPTA
(Expert) 19 August 2008
As you said, your present job requires extensive travelling and you cannot attend the courts, it is always better to approach the competent authority of the company which you were supposed to join and settle the matter amicably by paying the mutually agreed amount towards damages in lieu of cheque amount, which you have agreed to pay. Whether you have joined the company or not, it does not matter. Once you executed an agreement and handed over the cheque, presumption lies that you have issued the cheque towqards discharge of the legally existing liability. Whether you are liable to pay to the company the daamages or not is a question of fact which is to be decided after trial. As you said, you cannot waste your time in defending the case by regularly attending the court, it is always better to have amicable settlement. Once, you have settled the matter with the company, the company as well as you can approach the court and got the complaint referred to the Lok Adalat and got the case closed by filing a compromise memo. I wish you all the best,
Srinivas.B.S.S.T
(Expert) 22 August 2008
Sir can you tell me which company asked you to give duly signed blank cheques. Cuz as far as my knowledge is concerned the companies will only ask for a bond but not for cheques and promissory notes as is the case with private financiears.
Manish
(Querist) 22 August 2008
The name of the company was Synapse Communications (www.synapse.co.in), it is in Noida.I have heard thay do it with all their employees. the cheque i gave was in their name....
anantha krishna n.v. Advocate
(Expert) 22 August 2008
do you have a copy of teh complaint they filed into the court?
first get the same. You would then know the stand taken by the company, the details of notices issued by them to you before filing the complaint etc.,
Then if they have referred to your employment and your liability arising therefrom, to an extent you are safe because no employer can demand your bond without giving anything in return. Generally these bonds also contain a clause that in view of the fact they are sharing and training you in particular skills they assess the loss at the bond value. In your case you have not joined yet hence their imparting knowledge does not arise.
Anyway, it is better to look into the complaint before advising any thing further.
anantha krishna n.v. (Advocate AP High Court, Hyderabad, ananthcourt@rediffmail.com, 9246531895)
