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sajeev (Senior associate designer)     25 November 2014

Cheque stopped by drawer

My sister was working in a boutique from 13 august 2014 as a designer. On 10th november her owner gives her a cheque of 13000/-( salary from 13 october -10 november). ask her to leave the job. Because she was not satisfied by the work done by my sister.

We submitted the cheque on 11 november,but it has been dishonoured because stopped payment by the drawer.

Now the owner is telling,My sister should have inform her 1 month before leaving the job..So she is deducting one month salary because sister is not served the notice period of one month.

How can I handle it.



Learning

 13 Replies

prathamesh (practice)     25 November 2014

Dear Sajeev,

 

In this case, you need to provide a cheque dishonor letter/notice to the boutique.

It is very simple to prepare one. Just visit www.legalformat.in and prepare a notice in 3 simple steps and at a very less cost, without affecting the quality of the notice.

 

Rgds,

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     25 November 2014

From contents, it appears that company is habitual offenders:

1]  Confirm whether terms of appointment contains condition of one month notice.

2] Also confirm what is the period of confirmation in service

3] If both above are absent, it is in our favour.

4] Serve legal notice for dishonour  of cheque and make complaint  u/s.138 of NI Act

Adv.Jeevan Patil, Mumbai

Dalip Singh (Advocate)     25 November 2014

Contact a local lawyer and get issued notice u/section 138 Negotiable Instrument Act through your lawyer.

prathamesh (practice)     25 November 2014

The provision of 138 states that a notice for cheque dishonor needs to be issued. Though the further proceedings can be handled by a lawyer but a notice can e prepared individually as weel.

 

Best of luck

sajeev (Senior associate designer)     25 November 2014

Can I issued notice to the drawer  by myself or it is necessary to sent through a lawyer

Ashish (Manager)     25 November 2014

Thank you Prathamesh,

I was also looking for notice of cheque dishonor, and website you suggested by which i had prepared notice and out put is so perfect that its look legally drafted notice by some lawyer, i had just fill up simple form like, my name, cheque details etc and my notice is ready in no time.....

website also contain various other legal format also.

 

Thanks :-)

 

 

 

prathamesh (practice)     25 November 2014

Dear Sajeev,

 

It is not mandatory to issue notice through a lawyer. What is important to convey to the other party that the cheque is dishonored and that payment to be made according to the applicable law.

 

Hence, I suggest that letter/notice from your end can also be issued through www.legalformat.in and if the other party does not pay then apporach a lawyer.

Rgds

sajeev (Senior associate designer)     25 November 2014

Thank you verymuch prathamesh

prathamesh (practice)     25 November 2014

You are welcome Sajeev and All the very best.

 

Rgds,

RENISH RAO (ADVOCATE)     25 November 2014

You need to issue a Legal Notice first demanding returned cheque amount under section 138 of the N. I. Act with in 30 days from the date of cheque returned or the first intimation for the same you received from the Bank, giving 15 days time for the payment. On failure of non-payment, you may file Criminal Complaint before the competent court.

It is more advisable to contact a local lawyer.

Rgds

Renish Rao (Advocate)

Ompal Aggarwal (Advocate)     27 November 2014

When employer turn the employee out of service, in that case , in the absence of any term n condition in the employment letter, employer not demand for one month salary from the employee. Your sister give legal notice to the employer n complete all formalties as per section 138 of NI ACT

sajeev (Senior associate designer)     01 December 2014

I send a notice to the owner of boutique.She received the same 2 days before.

 

When I can submit the cheque to the bank?

Is there any further action required before submitting the cheque?

Can I submit the same check, the same way as I submitted before?

 

Please clarify me...

sajeev (Senior associate designer)     02 December 2014

I send a notice to the owner of boutique.She received the same 2 days before.

 

When I can submit the cheque to the bank?

Is there any further action required before submitting the cheque?

Can I submit the same check, the same way as I submitted before?

 

Please clarify me...


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