salary cheque bounce
Khan Mohamed
(Querist) 09 September 2008
This query is : Resolved
i was working in a company for one year and have left there,and they have given me a cheque for salary, it has been bounced once.
can i get the amount in labour court or employment court.
waht is the procedure for legal action to get the cheque amount.
nitin
(Expert) 09 September 2008
dear khan
you can file a complaint under section 138 of negotiable instrument act. but in your quary you havnt mentioned when the cheque is bounced. suppose if the cheque was bounced today then winthin 15 days you have to give the 15 days notice to the party, then after the expiry of the 15 days time with in 1 month you have to file the complaint under section 138 to the jmic court. n if u need the format of the notice or complaint then plz let me know, happy to help you
regards
GOPI KRISHNA
(Expert) 09 September 2008
you can get your cheque amount, prefer complaint u/s 138 of NI act for recovery of cheque amount
after bouncing of cheque you have to take out a notice to your employer with in 30 day from the date of dishonour of cheque by giving them 15 days time,
after completion of 15 days, with in next 30 days you have file complaint u/s 138 of NI Act against your employer
Khan Mohamed
(Querist) 10 September 2008
Thanks Mr.Nitin,
You have guided me to a great extent in this matter. Please let me know the format and procedure for getting the money back.
Kiran Kumar
(Expert) 10 September 2008
section 138 NI is the best remedy, hold their neck with the criminal remedy.
Khan Mohamed
(Querist) 11 September 2008
How many times can a check be deposited after it get bounced once.
because party told me to deposit once more.
nitin
(Expert) 15 September 2008
cheque could be deposited as many times in the 6 months.
here i s the format of the notice you have to add the fact only
NOTICE OF DISHONOUR OF CHEQUE UNDER SECTION 93, NEGOTIABLE INSTRUMENTS ACT,1881
...........................
...........................
Date ....................
TO,
...........................
M/S. XYZ
.............……............
..................…….......
Dear Sir,
Please take notice that a cheque No. ......................... dated the ...................... of ................. drawn by you on the ................ Bank for Rs. ........................ payable to ABC, etc. or order, has been dishonoured by the ........................... Bank with an endorsement..........
that you are here by called upon by this notice to make the payment with in the period of 15 days from the reciept of this notice along with the cost of the notice ie....... non payment will held you liable U/S 138 of NI ACT and 420 ipc and we reserve our right to file a complaint civil as well criminal in the competent court of law.
Yours faithfully,
.........................
CC is retained
Jithendra.H.J
(Expert) 15 September 2008
once legal notice has been issued, you cannot presnet the cheque in the intention of giving fresh notice and create cause of action by giving notice on the subsequent bouncing
Khan Mohamed
(Querist) 19 September 2008
Mr. Jithendra
once legal notice is issued then can we deposit the cheque if the party tells us to deposit and take the amount?
If we can't deposit the cheque then how can we get the amount after giving legal notice.
Jithendra.H.J
(Expert) 21 September 2008
if it is bounced once again? how can you file complaint u/s 138? demand for the cash, the intention of givng the legal notice is calling upon the drawer to make payment of the bounced cheque, he cannot insist you to represnet the cheque. it is better to file complaint, the complaint under 138 is always compoundable at any stage.
Khan Mohamed
(Querist) 23 October 2008
if we give notice to the party and if the party does not accept the notice then what action can we take regarding this.
Jithendra.H.J
(Expert) 31 October 2008
if he refused to recieve the notice, you can file complaint, from the date of return of the notice the limitation starts to file the privite compliant. what is required by the law is that issunance of the notice by the drawee to the address of the drawer
