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Victims 138 (teacher)     15 April 2010

Cheque bouncing case against employees by a company

Dear sir, Please help us in this case. All the accuseds are newly passed graduates from eminent engineering colleges like IITs, NITs, DCE etc. So their career is at stake; please help. They are trapped by a wicked company. A coaching institute hired many employees,( fresh passouts from IITs, NITs, DCE) on the condition for three months training and 6 months probation after completion of training. At the time of joining, HR manager asked the employees to submit two post-dated cheques, a bond of not quitting before three years. Cheque were from the salary account bank only( which was opened by the company) First cheque was against the training cost plus salary of the training period: Rs. 60,000/- (training cost as said by the coaching institute) plus Rs. 75,000/- (salary of three months of training) = Rs. 1,35,000/- Second cheque was against the salary of 6 months probation duration: 1,80,000/- There was no proper training. There was inhumane treatment by the company. Employees were harassed. Salary was not paid on time. Some started falling sick, some physically, some mentally. It became impossible for most of the employees to continue. When employees talked to the HR manager, he asked to resign. Some resigned; some were so pissed off with the work culture that they left the company. All left the company before completion of training i.e. before 3 months of training. Later the company bounced the first cheque and served notice to pay the money. No one paid and now there is Section 138 case against all. There are about 12 such cases. No one got the complete salary of three months. So the amount in the cheque was not exactly what the employees were supposed to pay. All have hired one lawyer only. Can this case be brought out of section 138 and made a civil case? What other things do you suggest? Also in the complaint the company has written different amount at different places. There is no clear descripttion of the amount they are claiming. So can that make the complaint invalid. I read some where that post-dated cheques for security do not come under sec 138. Also the laiblity is not the same as in the cheque beacuse salary was not given. Please help what can be done. Thanking you A victim


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 7 Replies

Kumar Doab (FIN)     16 April 2010

You may compile all your record including phone calls, emails ,letters i.e. interview call letter, letter confirming your selection, medical tests if any conducted by company, offer letter, joining report submitted by you, joining letter issued by company.

Was it thru campus placement.

Were you issued any appointment letter. Is there any clause of training cost , advance undated cheque without any amount towards security, notice period, notice pay etc in it.

 What are the clauses in the Services bond? Is there any clause of training cost, advance undated cheque towards security etc in it.

Did the company issue you any receipt of the undated and advance cheques without any amount, and any letter stating the  purpose of obtaining the cheques.

Were you all employed in the same rank and profile, on the same salary breakup, and on the same terms and conditions.

The salary was transferred in the salary account, but was you issued any salary slip with the breakup of salary and deductions towards PF etc.

Did you mark any attendance and do you have any record with you.

Whatsoever record you can arrange provide to your lawyer.

Have a consultation from a local service lawyer also on the employment documents.

You have passed out from premier Institute e. IIT and it is highly unfortunate that you have come across such a situation.

However take it as learning and be careful in future. It is always better to show all the employment documents to your parents or your service lawyer before you sign.

Your local lawyers will help you to get relief.

Once you are relieved you can take a qualified decision to sue them.

 

1 Like

Victims 138 (teacher)     16 April 2010

Thank you, Kumar sir,

We have already submitted copies of the aforesaid documents (letters i.e. interview call letter, letter confirming your selection, medical tests if any conducted by company, offer letter, joining report submitted by you, joining letter issued by company) to our lawyer.

Some were through campus and some were offcampus.

We were issued appointment letters.

Yes, there are many such clauses eg. of training cost , advance undated cheque with the amount towards future liablity, notice period, notice pay in it.

All were not employed in the same rank. There were different ranks.We were given salary slips of the month they gave salary.

We don't have attendance record.

Dharmesh Manjeshwar (Advocate/Lawyer)     16 April 2010

the question that is raised here is whether provisions under Section 138 of the Negotiable Instruments Act are applicable to the cheque/s issued by all of u as security ....

Pl. peruse the Bom High Court judgement which held that cheques issued as security prior to disbursement of loan do not fall under the purview of 138 N. I. Act as there was no legal liability ....

I think this could help u in your case .... pls. show the judgement to ur lawyer and consult with him ...


Attached File : 17 17 bom 138 security cheques.pdf downloaded: 354 times

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     12 October 2016

sir, kindly note that.

1. cases under sec. 138 of n.i. act are already filed against you all and the same are in progress.

2. you may appear in the said cases and first apply for bail and submit surety/cash security.

3. you may defend the said cases strongly , submit all your relevent documents and also amount due towards salary which is not paid by co. and mention that blank cheques misused by co. by writing name date and amount on the same.

4. you may file a discharge application on various grounds before the same court and let court decide same.

5. If said discharge application is allowed you all get acquited. but if rejected then you may approach sessions court / high court for appropriate remedy of discharge and quashing complaint.

6 you have to be careful as it is a criminal complaint and there are few grounds for defence and the entire procedure may get over very fast. Hence it is advisible to take urgent steps and apply for discharge .

7 you may directly file a writ petition to the high court for stay and quashing the said false complaints.

you may kindly writ for further help. good luck.

N.B.SAWANT.M.COM.LL.B.,ADVOCATE HIGH COURT.

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     12 October 2016

YOU MAY KINDY REFER THE ARTICLE JUST DISPLAYED . CHEQUE DISHONOUR CASE UNDER SEC. 138 OF N.I.ACT

Kumar Doab (FIN)     12 October 2016

Querist,

What is the fate of this 6year old case?

Mitali   22 September 2017

Dear Dharmesh sir, Unable to download the pdf file..please send the link

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