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Salary cheque issued by company bounced


16-Apr-2023 (In Labour & Service Law)

I used to work in a company. Company is of pest control. They put my 2 months salary on hold. They gave a cheque which bounced. What action can i take?

Answers (4)

Answer #1
569 votes
You should send a legal notice through lawyer o the company demanding payment of cheque amount and if the company still does not pay file a cheque bounce case under Section 138 of Negotiable Instruments Act
Answer #2
981 votes
Speak with them and send a softly-worded letter. If that doesn solve, serve a legal notice through a lawyer. If that doesn solve, file a suit for recovery of money. Additionally, you could also approach police authorities and file a complaint for harassment and mental torture. Going to media is also an option. It depends on how much effort you are willing to take.
Answer #3
555 votes
It is a case covered under Cheque bouncing i.e Negotiable Instruments Act, 1881. When you receive a cheque you are supposed to deposit it before the expiry period i.e usually it is 6 months from the date of issuance of the cheque and in some banks it could be three months. Thereafter when you receive the return note from the bank that the cheque got bounced for such and such reason you can send a Legal Notice to the drawer of the cheque within 30 days of such dishonour and if within the next 15 days after the receipt of such notice by the drawer of the cheque, the cheque amount is not made available to you, you have next 30 days to file a case in the Court in accordance with the provisions of Section 138 of Negotiable Instruments Act, 1881. So based on what circumstances your cheque got dishonored you must send a legal notice immediately. Good luck.
Answer #4
608 votes
There are two violation / offence has been done by the company.
First under the employment law, company is bound to provide the monthly salary of an employee within a specified time. For that you can make a complaint again the company, in Labor Commissioner / if you fall under it.
Second,Cheque which bounced, is covered under Negotiable Instrument Act, u/s 138. where in you have to first get the "Return Memo" from the bank, and from the receipt of that Return Memo you have to send a Legal/Demand Notice to the concern company within 15 days, through an Advocate.

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