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Payment Stopped

(Querist) 21 November 2010 This query is : Resolved 
In case where employer on one hand issues the cheque against salary and on other hand stopped the payment of this cheque, whether case is to be filed U/S 138 N.I.Act or complaint U/S 420 IPC, what would be better?
A V Vishal (Expert) 21 November 2010
Go under 138 NI Act
Devajyoti Barman (Expert) 21 November 2010
yes, file u/s 138 NI Act.
sachin sethi (Expert) 21 November 2010
File a complaint under section 138 of Negotiable Instrument Act, as it is a specific offence and section 420 has nothing to do with it unless and until you prove intention of cheating on part of your employer, from the very beginning, which is very hard to prove...
Kirti Kar Tripathi (Expert) 21 November 2010
Besides, 138 NI Act, the employee should file his claim under payment of wages act or any other corresponding act for his salary.
Advocate. Arunagiri (Expert) 21 November 2010
File a cheque bounce case and also file a complaint before the labour Officer.
Ajay Bansal (Expert) 22 November 2010
Ravindra Nath Tripathi (Expert) 22 November 2010
a. file a case u/s 138 NI Act, also go for writ under article 226 read with article 23, As if payment is not made it amounts to forced labour. You can further proceed under other sections as per the advice of above said experts, but don't forget to move High Court, otherwise you can be quite late in getting justice in 138 etc.
s.subramanian (Expert) 22 November 2010
I agree.
Sri Vijayan.A (Expert) 22 November 2010
138 is the best

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