Legal Question in Banking Law in India

cheque bounced

the company which i am working issued 2 cheques and are bounced. they did not pay my salary from the last 3 months. please help me to get my money (nearly 50,000)


Asked on 1/10/09, 2:11 am

5 Answers from Attorneys

Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: cheque bounced

You may file a suit u/s138 N.I Act to get the money

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Answered on 1/10/09, 10:16 am
J. Radhakrishnan independent Practice

Re: cheque bounced

Issue notice within 30 days ofthe date of return of the cheque to the company,its Managing Director, signatory of the cheque demanding payment of the amount of the cheque within 15 days of the receipt of notice. If you don't get any helpful response within 15 days of receipt of the notice by the addressees, file a complaint within one month thereof before the concerned Metropolitan Magistrate or Judicial Magistrate of I Class as the case may be. It is advisable to go through the above process with the assistance of a local lawyer handling such cases.

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Answered on 1/10/09, 7:15 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: cheque bounced

If possible meet personally with full details.

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Answered on 1/10/09, 7:30 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: cheque bounced

You may first raise a demand for the cheque amount and on failure to receive a positive response, may file a criminal complaint against the drawer under section 138 of N.I.Act; and may also file a suit for recovery in the civil court.

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Answered on 1/10/09, 8:23 am
Vishwa Arya Arya & Co.

Re: cheque bounced

Sorry to hear about your own employer not able to pay the salary dues.

You have multifold remedies. A criminal action would require you sending your company an information about the dishonour of Cheques. This information (normally called notice)must be sent within 30 days of your knowledge about dishonour of cheque. the company is suppose to make the payment within 15 days of receipt of your letter. If they don't, then file a criminal complaint through an attorney.

Your second remedy is a civil action to file a summary suit for reoovery of the dues.

If the company is a company under the Indian companies Act - Limited or Private Limited, then you may send a legal notice for winding up of the company for not able to meet the dues (more than 500/) of the creditor. if the company still does not pay, you have a right to file a petition for winding up of the company before the Hon'ble High Court of Delhi.

Your another remedy is to file a complaint before the company law board for opression of mismanagement of the company. this remedy is available only if the company is ltd/pvt ltd.

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Answered on 1/10/09, 8:28 am


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