clarification on section 138 (cheque bounce case)
i ahve taken some lone from my company and agreed to pay the amount in installments,
unfortunately they removed me from the company.with out notice peroid. at that time they have taken 1cheque with me (48995/-).now that cheque was bounced they sent lawyer notice yesterday.
before that they put my account in hold condition with out intimation in canara bank.
what should i do in my next step
Asked 3 years ago in Criminal Law from Hyderabad, Andhra Pradesh
1. The cheque deposited as security can not attract proceeding u/s 138 NI Act.
2. If the case of cheque bouncing is filed against you then file quashing petition in the high court. The case would be washed.
3. If you are a/c holder then employer can not put this on hold.
4. lodge a complaint with police about criminal intimidation and extortion.
1. Your employer can not put your account on hold without Court order,
2. The chaeck you had issued is to repay your loan amount you had taken from your Company,
3. So, the check you have issued is against your dischargeable liability which will attrcat action under section 138 of N.I.Act,
4. Negotiate with your employer to settle the matter amicably.
What your company did is uncalled for, as they cant hold ur account except as per law, so it is suggested that reply to this legal notice and contest the case on merits against that company .Vehemently raise objection before the court against the holding of that account.
Let them to file a case u/sec.138 NI Act,if they would file a case then you can quashed by filling a Petition u/sc.482 Cr.P.C. in High Court,as because security cheque bounce would not lie in 138 NI act case.You can lodge a complaint to the Department of Labour in your State and file a criminal case against the said company u/sec.406,420 and 383 IPC .