False cheque bouncing case
Guest
(Querist) 28 April 2017
This query is : Resolved
Two undated cheques of Rs. 20,000/- each against a furniture loan of Rs. 40,000/- was given during an employment at Raipur. The furniture loan was duly deducted in EMIs and a balance of Rs. 9661/- was to be paid at the time the employee left the job without the consent of the employer due to their bad behavior.The employer was a Private Limited Company registered under the Companies Acti, 1956. To take revenge,the employer got two cheques bounced and filed two different cases at Raipur (Chhattisgarh) alleging that a separate personal loan of Rs. 40,000/- was given to the employee. The Employee now resides in West Bengal and the cases are proceeding at Raipur District Court (Chhattisgarh). Attending courts twice a month is almost impossible.
Is there any relief or remedy available for the employee to go to High Court or appeal to any statutory body or to State Executive body to get free from this harassment and false cases. Please send your expert advice.
Guest
(Expert) 05 May 2017
In such cases the presumption is that the drawer of the cheque had a legal liability, that is, he owed money to the complainant. Such presumption can be rebutted at the time of the trial.
Now since the case going on against you it means that the Court has issued process against you. You can challenge the Order issuing process before the Sessions Court and subsequently in the High Court.
Also, only that court will have the jurisdiction to try the case where the branch of the bank in which the cheque is deposited is located. If the cheque is not deposited by the employer in a Branch located in Raipur, you should get the case transferred.
The facts of the case which you have elucidated above are limited. I am only telling you what all options are available to you.
Rajendra K Goyal
(Expert) 06 May 2017
Try to have amicable settlement with the employer.
may try for permission from court from
presence for few hearing.
Discuss in detail with your lawyer.
Sudhir Kumar, Advocate
(Expert) 17 June 2017
Since you allege that facts are distorted you shall not miss even a single date, even if permitted by court.
