Legal Question in Civil Litigation in India

STop payment

Dear Sir i was working in company Srishti i had got job abroad i had to give them short notice of 10 days but in appointment letter it is 30 days but nowhere it is mentioned in lieu of 1 month salary now my employers had issued cheque and gave STOP payment . what legal consequence can i do against them

sumuk


Asked on 2/24/05, 1:52 am

2 Answers from Attorneys
Jayesh Desai Jayesh Desai

Re: STop payment

You can launch criminal prosecution under section 138 of the Negotiable Instruments Act. To enforce the encashment of cheque.

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Answered on 3/02/05, 4:47 am
Ajay Singh B.S.Jain & Associates

Re: STop payment

Once the check has been given voluntaroily settling the accounts, stop paymnet can not be done. They are liable under section 138 of the Negotiable Instruments Act. This conclusion emerges on the basis of the law as propounded by the Supreme Court of India in its various judgments. The view of the Honorable Court is that the check should be given the sanctitiy of cash, which is an imperative for growth of trade and commerce in the country.

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Answered on 2/26/05, 1:13 am


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