Sec-138
anu
(Querist) 22 March 2012
This query is : Resolved
Hi,
I was workinfg with the pvt ltd firm, where the procedure of selection was on the basis of bond of 2 yrs with the 2 undated cheque- Rs 100, self cheque for account verification and 2 lacs cheque in favour of company with my signature without date, now the case is i havenot attended the organization from past 2 month on the basis of medical leave, now they have suit a notice to me under sec-138, but i havenot received the legal notice from theirside please suggest me the further step and also how to get rid of sec-138
ajay sethi
(Expert) 22 March 2012
since you have issued cheque of rs 2 lakhs and have failed to attend organisation company has presented your cheque . you will have to appear in court and face trial
Ghanshyam Prasad
(Expert) 22 March 2012
you should appear before court and file B.petition with true facts.
Shonee Kapoor
(Expert) 22 March 2012
contest the case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
anu
(Querist) 22 March 2012
The organization is in noida sec-11, and i m from jharkhand, my hometown, so from where the petion may be applied and what is the process to do that, and please also suggest that- as i have already applied for medical leave,is the company have right to file the case?
anu
(Querist) 22 March 2012
Please help me,
ajay sethi
(Expert) 22 March 2012
petition will be filed in noida .
go and meet the company officers . rejoin the company . produce your meidcal certificate that you were serious and could not attend the office . company will withdraw the case
anu
(Querist) 22 March 2012
If i again rejoin the organization, is there a possibility that the org. will ask me again to make a bond
Rajeev Kumar
(Expert) 22 March 2012
Yes they can or can't depends on organisation.
Ajay Bansal
(Expert) 23 March 2012
Contest the case,if filed. You may get exemption from personal appearance.Otherwise also there is no chance of conviction in this case.
V R SHROFF
(Expert) 23 March 2012
I agree with Ajay Sethi.
Do accordingly. Join company, will establish your defense & prove tour bonafide.
Your not receiving notice will not help you. It is deemed served.
You have to defend yourself 138 ni case in Court side by side till the case is withdraw
Shonee Kapoor
(Expert) 23 March 2012
It would be NOIDA only.
And you have been advised rightly by Mr. Shroff.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 23 March 2012
Dear Anuji,
Just 10 minutes back I have replied to your another query 'UNDATED CHEQUE USED FOR LEGAL CASE UNDER SECTION 138"
Go through that reply by me.
