Legal Question in Criminal Law in India

Dear Sir,

I joined a company few years back. At the time of joining they compelled me to sign a agreement & a declaration in a court paper stating that I have to work with them for 5 years & taken 7 lakhs a/c payee cheque from my personal bank a/c in their name without any date. Few months back I have discontinued the job due to very bad work atmosphere & daily humiliation etc.

Now they have bounced the cheque & filed a case under 138 NI act in Mumbai

Please Advice how to defend. Will I have to pay the amount. What will be the consequences.

S. Shekher.

Kanpur.


Asked on 2/20/12, 2:16 am

4 Answers from Attorneys

U can file civil suit and give full details and full details of cheque taken by them.u may make complaint to police and send the copy of complaint 138.whether they send u legal notice .send details or contact m so I can guide u

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Answered on 2/20/12, 6:06 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

this conduct of their is reprehensible. mere presenting of cheque is not enough they need to show that the debt and liability is made out. you may consult a lawyer in person and seek appropriate legal remedy by filing counter case.

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Answered on 2/20/12, 9:34 pm
Shrichand Nahar S.V.Nahar, Advocate

In case service agreement provided for recovery of amount and issue of cheque by you to company for that purpose, then it may be enforceable contract/debt.

However, have entire contract vetted by your lawyer to find out its enforcibility or otherwise.

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Answered on 6/26/12, 2:56 am


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