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Loss of dishonoured cheque

(Querist) 05 April 2012 This query is : Resolved 
My previous employer had issued me 2 cheques in terms of settling my account, when I was leaving the job. After depositing the same with the same, it was dishonored on grounds of insufficient fund. I informed the dishonoring of cheque via mail to his office and was informed that the amount would be deposited in my account directly. These events had happened in August 2011. Since then I am contacting his office earlier he had replied to my mails stating that I should collect the cheque in person from his office, but since due to some personal breavement in my family it was not possible to go to delhi I had asked him several times to send me the cheques. Now he has stopped replying to my mails. Moreover, since Aug 2011 I had shifted from one place to another in that I have lost the folder in which the cheques were kept. What recourse under law can I take for recovering my money.
ajay sethi (Expert) 05 April 2012
issue legal notice for recovery of your dues . since you have failed to take action in time you cant file criminal complaint under section 138 .

issue notice file summary suit
Shonee Kapoor (Expert) 05 April 2012
Civil suit is the only way out.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi (Expert) 05 April 2012
Dear Priyanka
First of all you should registered a FIR to lost the cheques, after that you send a legal notice through an advocate to demand your money, if the company is not ready to pay within notice period you can file a civil suit for recovery against company and directors before civil court.
feel free to call
C. P. CHUGH (Expert) 05 April 2012
Hi Priyanka,
As you are to recover your employment related dues, to me you can also file a complaint with the Local Labour Comissioner requesting him to help you settle your dues from the employer. It does not cost, an application on plain paper would suffice and they are quick to help employee. Xperts in labour laws may further guide you the knitty-gitty of such excercise.
Raj Kumar Makkad (Expert) 05 April 2012
Chugh has represented my views.
Sudhir Kumar, Advocate (Expert) 06 April 2012
Mr Chugh has rightly advised. But this complaint will be at Delhi.

Further you have practically lost the opportuinity to file criminal case under 138. You have lost time as well as the cheques. However you continue to be unpaid creditor and can file civil suit. That alos will be at Delhi and no wonder you may spend more than what you are able to recover. Remedy suggested by Mr Chugh may be less cumbersome.
Dr J C Vashista (Expert) 06 April 2012
Even for recovery you have to produce bounced cheques in civil case.
File police complaint for loss of cheque and another for cheating and fraud committed by your former employer.
Seek legal services in Delhi
Deepak Nair (Expert) 06 April 2012
A too endorse the views of Mr.Chugh.

Send a legal notice through an advocate dmanding the unpaid dues. Take further action if they fail to pay even after the notice is served.

Exchanging mails after mails will not suffice your requirement.
V R SHROFF (Expert) 06 April 2012
Personally go, after informing them my mail; or Regd Letter. It may solve your problem faster. Otherwise issue Legal notice to pay you.


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