1) cheque bouncing cases take 6 years to be disposed of
2) amicable settlement is best option particularly so when you are govt employee
Cheque bounce case by Employer
A cheque bounce case under section 138 of NI act has been initiated against me by a company I worked for. I gave an Un-dated cheque for Rs 2 Lakhs as a security for the employment bond they made me sign on the day of joining. I could not continue the service and left the job before expiry of bond period. They have said in the complaint that I have given them a post-dated cheque when I resigned which is not true. Some salary(60,000 approx. ) of mine is also Un-paid which I tried to adjust with the cheque amount but they won't agree. There was no training up-to the tune of the cheque amount provided by them. The case is in the city where the company is located and all the lawyers know the complainant lawyer and I think they might not be able to defend me as they are friends and instead might exploit my condition. Should I get my lawyer removed and proceed with the case on my own or should I just settle the matter by paying the amount as it is a bit tough for me to go to the court on every hearing. I have got into a government job and I may loose my job if I am convicted. Please help.
Asked 6 years ago in Criminal Law
Religion: Hindu
15 Answers
Dear Client,
As per your case and willingness to pay, you should compromise on the matter. Also have got a Government job. There are changes for you of being convicted. In most cheque Bounce cases, there is compromise between the parties in the end.
Dear Cleint,
It must be mention in appointment letter that company has incurred money on your training, which shall be recover in case you leave before bond period. But in actual there would be no training. Hence no enforceable debt agasint you in the form of liquidated damages due to breach of contract.
Also, all advocates are friends in court. You cannot proceed such case by own. IF doubts your advocate integrity, can appoint another advocate.
If you feel like then you need to change your lawyer and contest it on merits. As 138 law is pro complainant you need to carefully run the trial to get acquitted in the same
If you can prove that training is not performed than for what purpose they are collecting the money.
You need to read employment and bond agreement thoroughly.
You can fight this case against company for raising false allegations.
It's totally depends upon you if you want to stick to government job or fight with your previous company.
Hi
As a prudent person it is always good / advisable to go for amicable settlement.
Since you a Government Employee, it is better to settle the matter outside the court by making settlement and obtain no due certificate from them.
Further, take a certificate capturing the cheque details and also the settlement made by you against their case.
Get the notice and case withdrawn against such settlement and payment made by you.
Good Luck.
You have to be given notice for 30 days to make the payment. On default they can file suit for recovery of the money under NI act for cheque bounce.
See if the cheque bounce case is falsely filed do not settle the matter contest same before the court, see if you donot trust your lawyer engage another lawyer to defend you in the case.
Further see lawyers are friend but they do not cheat the clients as this is profession.
Dear Sir,
In a negotiable instrument matter liability of the accused has to established. Work on it and you can defend effectively.
- Employment bond is generally a contract between the employer and employees, and hence subject to the provision of The Indian Contract Act, 1872.
- Further It is legal in India to work with bonds that prescribe a reasonable penalty as compensation in case of breach.
- Better to preapre a reply of the said Complaint after narrating alll the details , and further request them to adjust the salary due amount of Rs.60,000/-
- Since , now you are engaged in Government job , hence bettter settle the matter before the court , so that your last employer can withdraw his case from the court.
Best is to compromise in case you do not wish to get into the hassle of doing pairvi in this matter.
Another option for you is to take a chance and challenge these proceedings before the High Court as they could not have claimed this bond amount from you, in case no training etc. was provided to you by them.
NI 138 dishonour of cheque case is concerned complainant should prove the case that the cheque was issued for legally enforceable debt, as far as your case is concerned you have given it as a security purpose they cannot claim it there are good chances of acquittal in your case
Dear sir,
if it is a 138 complaint, its in a nature of quasi criminal proceeding. You dont need to worry about you job, its our job to defend you in the court. It is better to understand the case and then proceed in advising you the best mode to attain best result. You can contact me for consultation and we will be proceeding with the matter and get the desired results.
Regards,
YUGANSHU SHARMA
ADVOCATE
Dear
No need to worry about relationships of advocates with each other because they keep professional and personal relation separate from each other your advocate will defend you case as you want.
It will be good for you if you settle the case out of court as court case will only give harassment and nothing else whatever the result would be.
If you want to settle the matter amicably then you may talk tothe company and try to solve the issue by negotiating the amount if possible./
You can fight the case as party in person but you should be thorough with the legal aspects in this sensitive issue.
The choice is yours especially when you are afraid that you may be convicted because that may hamper your employment in government services.
