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Frankfinn Institute Filed Cheque Bounce case against me what to
30-Oct-2023 (In Labour & Service Law)
This was in 2013 were i got a job in frankfinn institute as a asst manager for sales, at the time of joining they asked for a cheque of Rs35000 as a contract that if i leave before 6mths they will deposit the cheque. The Cheque was from ICICI bank Mumbai branch and the deposit was done in Delhi, They didnt pay me fro Two months and since i am the only bread earner in my family and staying on rent,i could not afford to not pay my rent for three mths continuously,Hence i left the company and started searching for job. In 2014 frankfinn guys filed a case against me after depositing the cheque claiming to get the money. When i asked them to adjust the same against my salary which was not paid, they simple ignored and told me to sort the same with the HR. I have been continuously harassed by them, Now since i am working in a company outside India, would like to close this matter.Kindly advice what can i do.
No.1 - It appears that you left the job before 6 months as against the contract. If not so, and you resigned after the stipulated period of six months, the company looses their right to recover through the security deposit.
No.2 - As per your say, the cheque was drawn on some branch of delhi bank. You have not mentioned where were you posted, Delhi or Mumbai, that decides jurisdiction for the legal remedy. Whatever may it be, you might certainly have informed the concerned soon after quitting that your salary had remained unpaid. If not, you may write to them now.
Thirdly, if you asked the company to adjust the deposit against unpaid remuneration in reply to the notice which the employer company is supposed to address you following the cheque bouncing, you need not wory.
You can take the matter ( case U/Sec.138 of Negotiable Instruments Act ) to its logical end by fighting it.
Keep transparency in your correspondence with them. You haven't said howmuch your salary was..
No.2 - As per your say, the cheque was drawn on some branch of delhi bank. You have not mentioned where were you posted, Delhi or Mumbai, that decides jurisdiction for the legal remedy. Whatever may it be, you might certainly have informed the concerned soon after quitting that your salary had remained unpaid. If not, you may write to them now.
Thirdly, if you asked the company to adjust the deposit against unpaid remuneration in reply to the notice which the employer company is supposed to address you following the cheque bouncing, you need not wory.
You can take the matter ( case U/Sec.138 of Negotiable Instruments Act ) to its logical end by fighting it.
Keep transparency in your correspondence with them. You haven't said howmuch your salary was..
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Adv. Arvind Thongepatil
Pune | 25+ Answers
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If you have received any summons then You should hire an Advocate and appear before the court complete the initial formalities and then you can settle the matter if you want. As you have not seen notice or no action is taken against frankfinn for salary payment hence you can not take action now, so better settle the matter if you donot want to fight the case.
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Adv. Vijendra Rai
Mumbai | 100+ Answers
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With reference to the above statement, you have to hire an advocate for your issues, he can advise you in a better way to get solutions of your issues as you are entitled to get the payments rather than to pay.
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Adv. Anil Gaikwad
Navi Mumbai | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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