Rohit Bhia (Consultant) 15 January 2013

Salary cheque bounced due to insufficient funds

I Joined a BPO Based in Laxmi Nagar in October 2012. I got a "letter of Intend" at Interview stating that i will receive a Letter Of Appointment on Joining but i never received it.
On 25th of November all the employees were sent back stating that Internet Lines are down & since then the office has been shut down. All the 25 Employees have tried to contact the owner but he doesn't answers the phone.

After lots of attempts i managed to speak to the owner & i was issued a cheque dated 5th Jan for one Month Salary equaling to Rs. 26,129/-. However cheque was returned by bank for insufficient funds. I don't know what to do. This must be a PVT Ltd company as the Cheque stated.

I am considering below mentioned options.

1. Complaint to Local Police station for Cheating & Fraud
2. To file a cheque bouncing case with help of a Lawyer.
3. Complaint to East Delhi Labor Court.

My questions are?

1. Will local police accept my complaint. What happens if they refuse?
2. If i file a chque bouncing case! How long will judicial procedure takes?
3. What is the Labor court procedure?
4. The Owner (accused) residential address is not known to me. (it's somewhere in GK-1)
& office is anyways shut down. So where to send the Notice?
5. Can i complaint to Companies Registrar or Government to blacklist this person & his company to save others who might fall in his trap?
6. Can i do all the 3 things i.e Local Police, Civil Court & Lobour Court at the same time?
7. I reside in Dehradun. Can i file a cheque bouncing case here?

8. Can Consumer Court be approached?

Regards,
Rohit # 09690749753

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12 Replies

Rahul Kapoor (Legal Enthusiast) 16 January 2013

hello,

you just need to give a notice to account holder within a period of 30 days from the date you got the notice from the bank.

then account holder must pay the same amount within 15 days from recieving notice from you.

if holder does not pay then u can complain for the same and approch the court.

in Delhi there are Lok adalat under sec 138 of NI act which take cognizance of such cases.

regards-

rahul.gogreen@gmail.com

Rohit Bhia (Consultant) 16 January 2013

Thanks for replying! Can you please send me format of Notice.

Rohit Bhia (Consultant) 16 January 2013

Thanks! Rahul. I am currently based in Dehradun & Iguess this case needs to be persued in a Delhi. Can I hire you as my Lawyer? If not can you suggest any of the Delhi Based Lawyers! I Can Email Scanned Copies of all the Documents as mentioned below!

1. Copy of Bounced Cheque

2. Copy of Bank Passbook.

3. Insufficient Funds Receipt from Bank

4. Proof of Employment

5. Email & Text Conversations with the accused.

6. Details of Salary Calculation etc.

I'll Suggets Notice to be sent to Office Address & Via Email.

I assume that Lawyer's fees/compensation is paid from Claims Settlement of the cheque? As in most of the cases it's Double the amount of cheque + Lawers's Fee?

Regards,

Rohit

ahmed (Sr.Principal Consultant) 16 January 2013

i have some different case here , i had taken personal loan ,and i was paying EMI on time ...i had an ECS facilites ,after 2 years i found that the bank was charging me late payment charges and cheque bounce charges every month...now i have received the notice(section 138 N I ) from the bank ...when i called the bank they told me to pay the panelty fees....i have made the payment every month on time than why i have to pay unneccessary penalty fees to bank...

please help me what i have to do in this case....is it possible to get wave off from bank....

Thanks & Regards,

ahmed

ahmed (Sr.Principal Consultant) 16 January 2013

please help me what i have to do in this case....is it possible to get wave off from bank....

Thanks & Regards,

ahmed

Rahul Kapoor (Legal Enthusiast) 16 January 2013

hello,

do u had sufficient funds in the account ?

regards-

rahul.gogreen@gmail.com

Rohit Bhia (Consultant) 16 January 2013

Sorry? Is that question for me?

ahmed (Sr.Principal Consultant) 16 January 2013

yeah i had funds...my father was going through heart surgery and so i need to stop ECS and pay emi maually...but is there any way i can ask for waver and request bank to take back the complaint (sec 138 N I ) ..

please do suggest me what to do here ..my family is into tension because of this notice ....

Thanks

ahmed

Rohit Bhia (Consultant) 18 January 2013

Rahul Ji!

I have emailed you all the details. Please prepare the Notice.

Regards,

Rohit

Rohit Bhia (Consultant) 18 January 2013

Rs. 2200 for a Notice? Are you kidding Rahul Ji?

I suggest you to bring our conversation on public forum & let others judge it.

Rohit

Rahul Kapoor (Legal Enthusiast) 18 January 2013

hello,

i am not from Delhi.

in Delhi lawyers charge same or even high for a notice.

i just told u rates. there is no obligation from my side.

rest is upto u

Rahul (Student) 27 May 2013

HELLO RAHUL,

THIS IS MY CASE REGARDING MY EMPLOYER WHO GOT HIS WORK DONE FROM ME, AND WHEN I LEFT WITH 5DAYS EXTRA WORK, I GOT CHEQUE FOR LAST MONTH OF 6610/- WHERE I WAS TOLD THAT I WILL GET AROUND 13-14K IN HAND INCLUSIVE OF TRAVEL, PHONE BILLS, INTERNET, ETC.

(I AM MBA GRAD WITH 3YEARS OF EXP, EARNING 6000/MONTH WAS DROVE ME DOWN SO LEFT THE COMPANY)

THE GIVEN CHEQUE WAS BOUNCED THE NEXT DAY, AND NOW HE IS ASKING ME TO PAY THE IMPREST CHQ OF 3500/- WHEN COMPLAINED TO OWNER OF CO. HE REFUSED TELLING THAT HE IS NOT RELATED TO COMP DIRECT OR INDIRECT.

I HAVE RETURNED EVERY MATERIAL GIVEN TO ME.

PLS HELP ME. rahul.bcaf@gmail.com