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Final Settlement Cheque not getting cleared
21-Apr-2023 (In Labour & Service Law)
The Final Settlement cheque issued by the Ex company is not getting cleared due to insufficient balance maintained by the company. But the MD ignores the calls or gives false promise and cheats me repeately. They took 9 months to issue cheque from the date of releived. And past one month they are dragging to clear the cheque. Now i have deposited the cheque at the bank and expecting it to bounce. Please help to collect my dues and punish the rude employer.
First present the cheque for encashment through the account maintained in your name. If it get bounce, issue statutory notice demanding the payment within 1 month from the date of bounce. If he makes payment within 15 days from the date of receiving notice, its fine and good. Otherwise, you need to file Private Complaint under N.I.Act before Court. You will deffinately get the money.
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Adv. Prasankumar R Tukkappanavar
Bagalkot | 25+ Answers
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Hello,
If the cheque issued by the employer bounces again, you could initiate criminal proceedings against the employer under Section 138 of the Negotiable Instruments Act, 1881. This provision provides that for the drawee of a cheque to initiate proceedings against the issuer, the drawee should make a demand for the payment of the concerned amount of money by giving a notice to the issuer within fifteen days of the cheque bouncing; and the issuer should have failed to make the payment of the said amount of money to the drawee within fifteen days of the receipt of the said notice. If these conditions are met, proceedings under Section 138 may be initiated.
If the cheque issued by the employer bounces again, you could initiate criminal proceedings against the employer under Section 138 of the Negotiable Instruments Act, 1881. This provision provides that for the drawee of a cheque to initiate proceedings against the issuer, the drawee should make a demand for the payment of the concerned amount of money by giving a notice to the issuer within fifteen days of the cheque bouncing; and the issuer should have failed to make the payment of the said amount of money to the drawee within fifteen days of the receipt of the said notice. If these conditions are met, proceedings under Section 138 may be initiated.
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Consult and discuss briefly and of bounce the cheque and you file a criminal case on your MD and get your legal dues. Consult and get brief discussion for filing criminal case against your company and your MD.
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Adv. Sharanagouda S. Patil
Bangalore | 200+ Answers
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