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Nanda Kishore (Teacher)     09 June 2012

Cheque bounce

Sir, I am Nanda Kishore from Andhra Pradesh working as a school teacher.

On May 8th 2011, my management has signed a service contract for a tenure of 2years(ending 2012-13). But due to some unavoidable circumastances i left the organisation by sumitting my resignation(which was not accepted). During the contract they asked me to give 2 undated cheques which i have given(salary account in HDFC bank). Now they are thretening me to take legal action.

My question is

1. Am i be liable to face legal action for the cheque bounce(if they deposit the cheque in the bank?

2. I f i close the a/c now, what will happen?

 

Please suggest.



Learning

 6 Replies

Prasun Chandra Das (Banker)     09 June 2012

Chq bounce cases u/s 138 of Negotiable Instruments Act will apply if the chqs were given for discharge of a liability. If you have served notice period as required or paid money in lieu of serving notice period, I believe no liability exists. Moreover, if the chqs were given as "security" and not to discharge a liability, sec 138 does not apply.

haradatta (proprietor)     09 June 2012

section 138 of NI Act shall applies only in the case of an legally enforceable debt.  The matter may pertain to civil dispute wherein the management may opt for money recovery on account of violation in service agreement in the competent civil court of law

M.V. Anoop Kumar (Associates Head)     09 June 2012

Dear Sir,

No Liability can be excersised on the Holding Cheque given by you. U shld also possess the documents to prove that the Cheques was given as a security. Or else c to that u use all other cheques in the Cheque book and obtain a new cheque book from the bank and make few cheque transactions. Wherin you ll be secured and u can prove that u have not issued and cheque for any other liabilty with your school, n no chance would be given to them to cook up the stories against you to file a 138 case against.

 

Regards

Anoop Kumar

Advocate

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     09 June 2012

Give advance notice if the cheques are undated and not presented so far.

k.kumar raja (advocate)     09 June 2012

prasun dhandra das i s correct

Nanda Kishore (Teacher)     09 June 2012

Sir,

Thank u all for replying to me.

I have given that cheque only as security. Few other cheques has been realised after the the cheques i have given as security. 

 

thanks once again for the reply.


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