section 138
Querist :
Anonymous
(Querist) 16 December 2010
This query is : Resolved
am from India, I joined a company and left in 6 months,they have filed section 138 against me as i signed a bond to stick to them for 2 years and also gave them a security check of 80,000. I don't want to pay them . What to do advice ?
s.subramanian
(Expert) 16 December 2010
contest the case vigorously.
PALNITKAR V.V.
(Expert) 16 December 2010
Normally, a cheque given for security purpose is not sufficient to attract sec. 138.
Kirti Kar Tripathi
(Expert) 16 December 2010
Section 138 is not applicable. in case, they want to execute terms, they have to file civil suit, which will attract huge court fee and time.
Advocate. Arunagiri
(Expert) 16 December 2010
You have issued the cheque at the time of signing the contract. At the time of issuing the cheque there is no legally enforceable debt. The compensation becomes due only when you leave the company.
No case, liable to be discharged / quashed.
Querist :
Anonymous
(Querist) 16 December 2010
I had signed a bond of two years on bond papers (50 rs) and had given them 80,000 rs.cheq as a security moneywhich they said is to incur their training cost for 4 months. I don't want to settle the case and pay them ,How can I fight out ? I worked only for 6 months and then left due to family emergency
Thanks geeta
Sarvesh Kumar Sharma Advocate
(Expert) 17 December 2010
am from India, i m also.......
I joined a company and left in 6 months,
..................no problem.
they have filed section 138 against me!........just face the trail.
as i signed a bond to stick to them for 2 years and also gave them a security check of 80,000............that's point...how they can use the security check to withdraw the money! it comes breach of criminal trust u/s-406 ipc.(you can file the case against them)
I don't want to pay them .
if there is no libelty then why u pay?
What to do advice ?
file a criminal case against them u/s-406,420 ipc.against them.
Advocate. Arunagiri
(Expert) 17 December 2010
The employer can recover money through a civil suit only. Not by 138 case.
Querist :
Anonymous
(Querist) 17 December 2010
Will that matter that i signed the agreement on a stamp paper . Can they make to liable to pay it.
Can you please advice how i defend myself. For it was me who gave them the cheque agreeing to the point that they can encash if i leave before 2 years. Why i don't want to pay now ?
Advocate. Arunagiri
(Expert) 17 December 2010
I never said you dont have to pay. I say it is not a cheque bounce case. You are liable to pay the money as per the agreement, it is a civil liability not a criminal liability.
Querist :
Anonymous
(Querist) 17 December 2010
I don't understand.If there is a summon from a court and am being processed ,how can i prove that there was no liability ,so that am on the safer end.Its being processed under 138 crininal case.Please advice . I went for the first hearing too, as they never provided a legal notice to me,the case was postponed untin feb 21. How to save myself?????
Querist :
Anonymous
(Querist) 17 December 2010
I know they would talk about giving me training for 4 months and me signing a 2 years bond. Do u think i can't win this case and am on a weaker side and should go for a settlement with the people.
Querist :
Anonymous
(Querist) 17 December 2010
I am scared and really need an expert view. You know the lawyers they would say fight the case and try to pull the case just to make money out of me. Am not in a position to pay. PLease kindly advice
adv. rajeev ( rajoo )
(Expert) 16 December 2010
Khaleel Ahmed Mohammed
(Expert) 16 December 2010
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 December 2010
