tarun (Advocate) 08 April 2013

Locus of pe complaint bouncing of cheueq of service provider

I am researching a legal angle to file a criminal complaint against the service provider under NI Act for issuing cheques which were dishonored by the bank on account with insufficient funds.

Since the principal employer is responsible for disbursement of wages being statutory responsibility under Contract Labour (R& A) Act, 1996 and in case of failure of Service provider , PE has to pay the wages.

Not only once but no. of times the service provider has issued cheques without funds- leading to consequtively bouncing of cheques.

Do PE have any locus to file any criminal complaint under section 138 of NI Act against the service provider for dishonour of cheques.

In case anybody has any judicial precedent to support then do help .

Reply Follow

2 Replies

Satyadarshi Kunal (advocate) 08 April 2013

Hi Tarun,

If the cheque was issued in the name/designation of the PE, then nothing bars you to initiate an action against the service provider. No judgement is required for further elaboration as a bare reading of the section elaborates the same in a very crystal clear manner. Apart from the person on whose name the cheque has been issued, even the holder in due course can sue the issuer.

I hope it clears all your doubts. Wish you luck for your case

MANOJ GUPTA (MANAGER) 12 March 2014

One of my friend in a psu bank has been chargesheeted for misappropriation of funds and presently Disciplinary action is going on.

He also had a Savings Account as well as some FDs in another bank.

The employer bank has put a lien on all his accounts as well as written letter to the other bank to put lien on his account.

The other banks (without any court order / Garnishee order) , based on letter from the employer bank set lien on his savings account as well as fixed Deposit.

As per my limited knowledge of banking law, the bankers' right to lien does not apply in case of matter pertaining to any other bank, unless there is a specific order from court or any other authority like income tax attachment order / sale tax / excise etc. But In this case there is no such order.

Therefore the action putting lien by another bank (based on letter from employer bank) may not be legally tenable.

Experts please confirm or deny this. Please also enlighten the relevant section of the particular banking law which would apply here.