Section 138
Querist :
Anonymous
(Querist) 21 March 2011
This query is : Resolved
Hello Everyone!
Need some advice please.
I joined a company on 16th of March.While joining they took a security cheq worth 80,000 rs and a bond was signed for 2 years.They were supposed to provide me 6 months training .
In August (7 months latter ) had some family emergencies and had to go back home.I wrote an email to them ,which had no replies ,When i came back i could see letters asking me to pay the money. I went back to them .They said they want to punish me. I explained them the situation back home but they had no mercy .
I was called on the 22nd of feb to the court where the case was filed as a criminal offence.Becoz i was not supplied all the documents i was not prosecuted that day .I was again called on may 5th. The lawyer said i shouldnt have commited that i gave them the cheq. the only option is to pay the ammount to the accused. I don't have that money to pay. Please Please advice what can be done . Lawyers here in delhi are not very helpful.They need money even to talk. I understand its there bread and butter but i really don't have money to spend . Please help me what are the grounds of fighting this case .
Thanks
prashant pundhir
(Expert) 21 March 2011
Dear,
The information is not complete . You did not mention that either the cheque given by you,placed to the bank or not .Also what email you send to the company and what type of letters you received from there side and either it was registered or simple .
Give these informations and you must be helped .
Querist :
Anonymous
(Querist) 21 March 2011
The cheq was placed and was returned insufficient balance from the bank . Was placed in the month of september. In the email comp to the company i wrote ,there is a family dispute back home would not be able to join back soon. Please accept my apologies and consider the email as resignation from the held profile .
They were all registered letters.
prashant pundhir
(Expert) 22 March 2011
Dear,
Sorry for the delayed answer . Note two important points on which you can get rid from the case filed :-
1:- Cheque issued against any dedt or liability arising out of unlawful contract would not constitute an offence u/s138 N.i.act .
As no one can bound a person in to any contract to work for him for a certain period as it is a crime under slavery prohibition act and the contract made is unlawful .So no offence u/s 138 n.i.act .
*J.Daniel v/s state of Kerla & Anr.(Ker)2005(2)DCR 663
2:- Cheque issued as security:-
There are two things-
(a) Liabilities proved, and
(b) Liabilities not proved
Your case comes under the part b and here a case law is very important-
M.S.Narayana Menon @Mani v/s State of Kerla and Anr.2006(2) ANJ(SC)(NOC)119 .
In this case it was found that nothing was due-cheques was issued by way of security,no offence build on the person who issued the cheques .
Same in your case the liabilities are not proved as the cheque was not issued under any transaction but for the purpose of security only and it does not any offence u/s 138 N.I. act .
On these grounds ,you can file a revision in session court that the contract made is unlawful and as no transaction made and nothing was due on you,so no case of 138 N.I.act is made against you due to Liabilities not proved and the cheque was issued just for security in an unlawful contract .
Querist :
Anonymous
(Querist) 24 March 2011
But how to defend ,if they say they trained me for 6 months and that i agreed to their contract .
Querist :
Anonymous
(Querist) 24 March 2011
Please help me with some defensive points
