Cheques issued

This query is : Resolved 
 

(Querist)
13 April 2012

hello sir,

i am an employee in a private college. the college has collected two cheques worth around 50000rs on my appointment as a security. those cheques are "not dated" (they said to give without putting date).

now my position is that im going to leave the college bcoz of my personal problems. so they wont give me the cheques but they deposit into my account which will get dishounoured.

when i tried to cancel the cheques banks are asking for "DATE OF ISSUE". so what is the remedy available for me. pls suggest me

many thanks in advance


ajay sethi (Expert)
Click to Talk
13 April 2012

write aletter to college satting cheques given as secuirty and were not dated not to deposit the cheques and not to make any alterations in said cheque. request them to return the cheques

Devajyoti Barman (Expert)
Click to Talk
13 April 2012

The cheques deposited as security may not attract penal action under section 128 NI Act.

However it all may depend on the job contract if any wherein if something contrary has been mentioned.

M/s. Y-not legal services (Expert)
14 April 2012

just read as "sec 138 of N.I Act" from my brother barman's reply..

my advice is just issue a legal notice to the college by stating the fact..

-tom-

prabhakar singh (Expert)
14 April 2012

आप को दिए गए मशवरे से मैं इतेफाक रखता हूँ

SAINATH DEVALLA (Expert)
Click to Talk
14 April 2012

Dear Nagendra,

Have they taken a personal bond or have you given any agreement that you serve the institution for a certain period of time.If the cheques are mentioned in either of them,be extra careful in issueing legal notice.

nagendra (Querist)
14 April 2012

thanks for all your replies sirs,

to SAI NATH SIR,

no sir i didnt take/give any personal bond in writing. just it happened to be oral.

sir now how to issue legal notice?

SAINATH DEVALLA (Expert)
Click to Talk
14 April 2012

Consult a alwyer in your place and issue the notice without any delay.The lawyer will be knowing the procedure.

Shonee Kapoor (Expert)
14 April 2012

The prosecution won't be under 138NI, but a civil suit of recovery can be initiated against you.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

V R SHROFF (Expert)
14 April 2012

You must do as under
[1] Issue Notice to Bank, giving Cheque No., for STOP PAYMENT.
[2] iSSUE NOTICE TO COLLEGE, NOT TO DEPOSIT CHEQUE , ISSUE BY YOU W/O DATE, DO NOT WRITE DATE, AND RETURN TO YOU.
[3] close your bank a/c immediately on next date of instruction to stop payment.

K.K.Ganguly (Expert)
Click to Talk
14 April 2012

Issue a letter to the College asking them to return the cheques,giving cheque nos.& mentioning in the letter that they had collected the said undated cheques as security cheques & also that you have no dischargeable liabilities on them. Give a copy of the letter to your Bank stating them to stop payment in case the cheques are presented to them putting any date.



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