negotiable instruments act
sreenu
(Querist) 23 October 2009
This query is : Resolved
i was removed from service after working for 8 months from a private finance company without any intimation and i was not given appointment letter or termination letter.i discharged in that company as a general manager and without reasons my services are terminated.i was given an advance of rs 35000 on condition that every month i have to pay 5000 keeping my not dated cheque for rs 35000 and now the cheque was bounced for lack of fundsand they filed a suit for under niact stating that the cheque was issued for the computer that was brought by me in the capacity of GM of the company and the same is given to his customers who failed to repay the money.they are saying that i purchase the computer and for the same i have to paty the money...kindly assist me in what way i get out from this case and can i get retrenchment compensation in this case if i file a case in labour court
AEJAZ AHMED
(Expert) 23 October 2009
Dear Sreenu,
Your query is not clear about this point:
" i was given an advance of rs 35000 on condition that every month i have to pay 5000 keeping my not dated cheque for rs 35000"
(i) Why they advanced, an amount of Rs.35,000/- to you..?
*** is there any demand from you to advanc the said amount for your necessity;
OR
*** they advanced the said amount while terminating you from the services;
(ii) You are saying that:
" keeping my not dated cheque for rs 35000 "
*** it mean you have deposited the cheques with Finance Company;
(iii) You are further saying that:
" they filed a suit for under niact stating that the cheque was issued for the computer that was brought by me in the capacity of GM of the company and the same is given to his customers who failed to repay the money"
*** it means 'Finance company' have filed a suit under N.I.Act against you';
*** Second part of your query regarding issuance of cheque to the 'Customers' is not clear;
*** who is 'Customers'here..?
*** if Finance company in turn deposited the cheque against the purchase of computer, then how can, Finance company will initiate proceedings N.I Act..?
so please mention all the facts very clear.
sreenu
(Querist) 23 October 2009
1)i am an employee in the finance company and hence they gave me an advance of rs 35000 ant they agreed to deduct 5000 from my salary.
2)at the time of giving advance they asked to deposit a cheque for the rs 35000 with the employer
3)computer was given to the client of the company by me in the capacity and the client(party )is not paying the instalments
4) the company filed a case under ni act stating that i was taken a computer and for the same i deposited the cheque
5) kindly guide me whether i can file for termination of service
Raj Kumar Makkad
(Expert) 23 October 2009
If any customer is not paying his installment du towards company, you cannot be made laible for that and company cannot claim that you purchased a computer against an amount of Rs. 35,000/- After all there must have been bill, undertaking to deposit monthly installments on the part of customer, any agreement executed between the customer and the finance company etc. You can raise all these questions while defending your case through an engaged local lawyer and can be discharged therefrom.
PJANARDHANA REDDY
(Expert) 24 October 2009
BEFORE INITIATION N.I ACT, DON'T WAIT ENGAGE A LAWYER AND GIVE NOTICE OF ALL POINTS OF CHQ AND TERMINATION BENEFITS DEMAND ETC.,
YOUR A G.M LABOR COURT CAN'T ENTERTAIN YOUR CASE.
HANDOVER THE CASE ANY ADVOCATE.
