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ravi (employeed)     10 March 2010

Bounced Cheque and salary not paid by employeer

I was working in a IT Company it was a private LTD COMPANY. and the employeer of the company has not paid my 3 months salary and also has not given me my leaving document. he gave me a cheque of 10,000 that was bounced 10 days before & when i told him that your cheque has bounced he said i will not pay you any money and you cannot do any thing with that cheque.

                              Now he has closed his office & i don't know where he lives. when i try  to call him he always cut my phone. I have heard from some resources that i need to know where he live so i can send him notice and untill he receive any notice from me i cannot take any action. & the process in our indian law for bounced cheque is too lengthy and there are thousands of cases of bounced cheque are not cleared from many years.

Please suggest what should i do. The employeer has also not paid salaries of other emloyees.

Reason for bounced cheque: insuficient amount in the cheque.




 1 Replies

Rakesh Shekhawat (Advocate)     10 March 2010

Yes, you are right  our current judicial system has lost his faith by his own act but dear you have no other choice. In your case best available remedy is complaint under 138 NI act. You can send notice to last known address at employer. Proof of sending notice at the last known address is sufficient compliance with the provision of S.138 of the Act.    

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