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How to deal with non payment of full & final settlement.


31-May-2023 (In Civil Law)
Hi Legal Team, Greetings to all of you.. I was employed with X consultant company since Sep 18-2016 until I decided to quit for various reasons including citing health reasons on 17-02-2017. During this period my relationship with the company CEO & Founder was very warm as we live in the same vicinity and generally meet face to face sometimes. On the day of my resignation being accepted ( 16-02-2017) I was told that the Accounts department would get in touch with me for my Full & Final payment once I complete the stipulated 45 day notice period though I was relieved on the spot. I accepted it and in good faith waited out another 30 odd days as they cited delay in payments from clients etc. Post that on May 3rd, 2017 I collected my Full & Final payment through cheque that was again post dated 25-05-2017. As the date was approaching I got a call from my ex company accountant asking me not to present the cheque on 25-05-2017 as their payments are still held up and could take 10 to
Answers (3)

Answer #1
636 votes
1) Hi Legal Team, Greetings to all of you.. I was employed with X consultant company since Sep 18-2016 until I decided to quit for various reasons including citing health reasons on 17-02-2017. During this period my relationship with the company CEO & Founder was very warm as we live in the same vicinity and generally meet face to face sometimes. On the day of my resignation being accepted ( 16-02-2017) I was told that the Accounts department would get in touch with me for my Full & Final payment once I complete the stipulated 45 day notice period though I was relieved on the spot. I accepted it and in good faith waited out another 30 odd days as they cited delay in payments from clients etc. Post that on May 3rd, 2017 I collected my Full & Final payment through cheque that was again post dated 25-05-2017. As the date was approaching I got a call from my ex company accountant asking me not to present the cheque on 25-05-2017 as their payments are still held up and could take 10 to

Ans: you can file 3 types cases against company
a) 138 of NI Act
b) 420 of IPC
C) RECOVERY SUIT
Answer #2
590 votes
Please present cheque for encasement since three months time would elapse and you cannot claim it so present and take criminal action it attract provisions of negotiable instrument act so do it and get recovered in criminal case.
Answer #3
957 votes
Best alternative is to deposit the cheque after sending a notice that you need the money based on their promise or you would be depositing the cheque in the Bank.
For Cheque Bounce the Director have a criminal liability.

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