Cheque Bounce !!

 Pls  give him written notice for payment of cheque amount.

Dear Renu,

It is a gud case u/s 138 NI Act. U should issue a legal demand notice against the bounced cheque through a lawyer and thereafter u can file a case .For further queries & help u can contact me at :-09871158578/09711364956

When salary is not paid to you it amounts to legally payable debt, so issue notice thru., lawyer.

Dear Renu,

When did the cheque bounce, since under the NI Act, there is a time limit of 30 days to issue the notice of dishonor of cheque, in case the notice is not served within proper time limit, the suit may be barred by limitation. 

Yes, I do agree with Mr. Vishal. In that case u can file a suit for recovery. For that the limitation period is three years.

May I suggest a (practical) remedy...

In case a cheques is bounced, give the cheque again for clearing in the Bank.

1. Either it will be cleared, and u ll get ur salary, or,

2. In case it bounces again,  you wil get fresh time limit of 30 days to serve the notice..

I may be wrong legally....but I think the above remedy is right logically...

Experts...pl advice

Cheers

Pooja Shukla

Renu,

Issuance of cheque for payment of salary and the same getting bounced would definitely come under the purview of Sec.138 of NI Act. But it is not clear if you are still working there for the same employer or not. If you are still working there then I advice you to take up the matter with the management and get it resolved. If you are not with the same employer now then you can definitely go ahead with filing of a case U/s 138 of NI Act, after you have issued a notice to the drawer of cheque and to which either there is no reply or the money has not been paid yet.

Alternatively, if the time for issuance of notice of dishonour of cheque is over you can again present the cheque for clearing(provide the cheque is still within validity period) and do accordingly as rightly said by CS POOJA.

Thank you all for advicing me,

i am not working with this company, they have closed their department(on 21st April), by giving us a post dated chq dated for 22nd May, after depositing the chque it bounced, i have been following with them like anything, they are just delaying the matter, pls advice me what can we done on this.

Dear Renu

As vishal rightly suggested, you can issue a legal notice since the limitation period is still on. Then present the chq once again after serving the notice, if the check is honoured well and good, if not file a case under 138.

It is a clear cut case under Sec. 138 of NI Act