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full and final salary amount cheques bounced
08-Jul-2023 (In Cheque Bounce Law)
Hi,
I have left the job in Jan. 2019 and got three cheques against the full and final salary settlement of total amt. Rs.85000/- and all got bounced, they only paid me Rs.10000/- by transfer and committing will give slowly. Many times they gave me lots of dates for payment also make a schedule for the payments in small pieces many time, but not executing the schedule, always a new excuse that they have suffered a huge loss in business and not in a position to pay now will give gradually. I have all the communication in the email regarding their commitment and all the things.
Kindly suggest what to do, If I will proceed for legal option u/s. 138 how much time it will take for the proceedings and the approx. legal fee I need to bear and how much recovery amount I can get against my cheques or any extra compensation for the same if else.
Query perused. You may proceed by issuing a statutory notice under section 138 Negotiable Instruments Act, asking for the amount of cheque with charges for legal notice giving a stipulated time of 15 days. See there is a limitation period involved in a section 138 case. The notice has to be issued within 30 days from the day of knowledge of dishonor. After the lapse of 15 days thereafter the complaint has to be filed before the court of ACMM within 30 days. Time depends. Since there is an admission on their part, there is a probability that it will be settle soon. You can get double the cheque amount to the maximum. For further consultancy and legal services you may contact us.
Helpful?
19+
19+
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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as per the contents you have mentioned I can say that first u need to send the company a legal notice describing the whole scenario and informing them to pay the balance amount after that if they don't get agreed upon u drop the cheque. And if u want a brief advise regarding the issue u can click on to my profile and ask for contact number and can conract .me
Helpful?
15+
15+
Adv. Deepti Dogra
Delhi | 50+ Answers
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You should start procedsings under section 138. These proceedings are criminal proceedings and are penalising. You should be able to get money within an year. You can claim interest on the principal amount along with litigation charges.
Helpful?
11+
11+
Adv. Shreshth Jain
Delhi | 100+ Answers
Chat
Hi ,
Yes you can file a complaint under section 138 NI Act, but the issue will rs 10,000 that you have received as part payment after receiving the full and final settlement. I need to see all the communications between you.
Other option available for you is filling of recovery suit .
Thanks and regards
Ramit Sehrawat
Advocate
Helpful?
25+
25+
Adv. Ramit Sehrawat
Delhi | 400+ Answers
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