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Regarding salary cheques, which are dis-honoured

(Querist) 18 December 2012 This query is : Resolved 
Hi

I got the job thru consultant in Tour and package company in month of sept'12.
Got my salary cheques, which got dishonoured twice.

That company is no more exist, and so called their corporate office which is in Mumbai ( its a flat cum office), and when enquired its no more exist.

Please suggest what needs to be done in this scenario. Should I lodge a FIR complaint or sue that person and the consultancy too. what is the process needs to be follow?

As far as i got the information about the owner of that company, she stays in some hotel in chandigarh. when contacted, she always says, " I will give you your salary" and before presenting the cheques, she's been informed about the same and top of that she herself told us to present the cheques.

Unfortunately twice my salary cheques got dishonoured.

Please suggest what needs to be done in this scenario.

Eagerly awaiting for your suggestion. As I am totally shattered and I am not financially strong too.

Best regards
Shaad
Sudhir Kumar, Advocate (Expert) 18 December 2012
It was your hard luck that you got the job in a :fly by night company".

you are absolutely lucky and must be thankful to the god that while fleeing they did not cheat anyone through you otherwise police could have taken you on remand to know their whereabouts (I hope you know how do they ask particularly when you do not have the information and they do not want to believe your ignorance) and the cheque bouncing would have been dubbed as a drama between you and employer.

Now coming to your problem. You cannot issue notice as you do not have the address where you could serve notice.

You can consider filing of cheating case but in that case it is doubtful is police is able to trace them. But you say that owner is staying in hotel in chandigarh so some ID proof she may have give there.

You have not informed if they gave your Form 16 for TDS where they are required to shown their TAN No. So the possibility of tracing out cannot be ruled out.

Raj Kumar Makkad (Expert) 18 December 2012
I endorse the views of Sudhir.


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