Legal Question in Criminal Law in India

cheque bounce

Sir,

I was a employee of a reputed company from june'2008; due to some reason I resigned from there with effect from 06.02.09. I sent email for the same and requested for full & final settlement which the CFO of the comapny replied to be settled all by the week. I received a cheque for salary of the last month only not the full & final settlement done. the same cheque I deposited into the bank on 21.02.09. But today I was informed to collect the cheque bounced that I had deposited due to insuffcient fund.

Now, I want to take a legal action ? 1) Is it beneficial for me in monetary point of view?

2) How much it cost for, if legal action taken?

3) What the better step should I take for solution and thier punishment. Please advice !!!!


Asked on 2/24/09, 7:34 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: cheque bounce

1. You need to assess that yourself.

2. Depends on kind of lawyer you engage.

3. Legal option for punishment is to approach the court.

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Answered on 2/25/09, 3:03 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: cheque bounce

all depends on the amount of your chq .

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Answered on 2/25/09, 6:29 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: cheque bounce

Your statement is not complete; You may need to calculate your dues and make two separate demand notices upon the employer : one for demanding money represented by the bounced cheque; and second notice for the remaining salary amount which may be deficient and for which no cheque was issued till date;

The cost of legal action may depend upon the local lawyer you may engage to pursue your remedies.

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Answered on 2/24/09, 9:31 am
Pranav Desai PD Legal & Associates

Re: cheque bounce

1) The issue of whether taking legal action being beneficial to you will only depend on the amount of cheque bounced.

2) Filing of section 138 case may not cost you much.

3) I believe you can verbally speak to the CFO o\about the issue and incase there is not break through in the issue you may consider perusing the above two steps.

We may be able to help you if your provide me more details on 1 above. You may also consider appointing a local advocate.

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Answered on 2/24/09, 1:15 pm


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