Legal Question in Criminal Law in India

Notice Under Section 138 N I Act 1881

Dear Sir,

For USA employement I had given agreement with undated cheque as a guaranty to indian office branch.

still I'm working with the same company in USA and getting small amount of salary from them.

Now he has deposited this cheque in indian bank without informing me.

it got bounced and through some lawyer he sent me a notice under 138 N I Act.

I have't broken any one of the agreement points. and also he is not treating me well, getting lot of problem & torture

could you please tell me in this condition, will it be valid? or how can I get out of this problem.

the condition is

I should work in US for one year, if I leave or not communicating with the employer for continuosly for 4 weeks

he can take my money from my account.

I can send my agreement and notice in details in case needed.

Thanks & regards

Vishwanath


Asked on 11/20/08, 11:34 pm

7 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Notice Under Section 138 N I Act 1881

Dear Vishwanath,

in fact it is sad to note that during this financial crunch, the companies adopting such cheap practices. as far as offence u/s 138 is concerned, it is not made out in your case as the cheques were not tendered towards any debt or liability but were deposited as security. the chances are strong that the case is dismissed or complaint is quashed at the early stage itself. you may send in more details or talk to me at +91 9811284735.

regards

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Answered on 11/21/08, 12:25 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Notice Under Section 138 N I Act 1881

What was alleged in the Notice? What is contended in the Complaint? Whether your employer company and indian counter part are one and same? - These are some of the facts necessary to assess.

You need to consult a lawyer for appropriate advice.

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Answered on 11/21/08, 2:38 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Notice Under Section 138 N I Act 1881

What is your current visa status?

Please send your details of the notice via mail as the details needs to be read of to formulate some advice for you.

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Answered on 11/22/08, 7:32 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Notice Under Section 138 N I Act 1881

You should reply to the notice thru advocate stating the facts.

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Answered on 11/21/08, 6:23 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Notice Under Section 138 N I Act 1881

You may send the agreement as attachment with your mail for proper appreciation of facts.

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Answered on 11/22/08, 11:47 am
Nasir Butt Nasir Law Associates

Re: Notice Under Section 138 N I Act 1881

Don't worry at present stage. You are at reply stage now and reply the legal notice through Attorney. Reply of Mr. Rajiv Gupta is most appropriate. Your case is most probably strong.

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Answered on 11/21/08, 10:01 am
Amy Ghosh Law Offices of Amy Ghosh

Re: Notice Under Section 138 N I Act 1881

What is your current visa staus? Are they paying you the wage they are obligated to pay under US immigration law? As to the case in India, you obviously need to retain an attorney in India. But you should retain an attorney here as well to go after the employer.

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Answered on 11/21/08, 10:52 am


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