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Perumal S   15 March 2016

Cheque return due to stop payment by drawer

Dear Sir,

My employer gave me a post-dated (10/03/2016) cheque for my pending salary amount. On 09/03/2016, they send an SMS to me to not present the cheque untile they tell to present. But, I replied to them, I will present the cheque and please honour the cheque. The cheque was returned stating that the 'drawer given stop payment'.  Please advice me on this, to get my money.

Thanks for your help in advance.

Best regards,

Perumal s



Learning

 10 Replies

Advocate Ram Prasad (Chief Lawyer)     15 March 2016

Dear Perumal action of ur employer does not amount to cheque bounce. Persuade them to issue another Cheq and follow their instructions. U can also re-present again within the validity period of 3 months but ask them before u file. Dont be in haste as they are willing to pay u after all. ---Adv Ram Prasad +91-91777-22930

Advocate Ram Prasad (Chief Lawyer)     15 March 2016

Dear Perumal action of ur employer does not amount to cheque bounce. Persuade them to issue another Cheq and follow their instructions. U can also re-present again within the validity period of 3 months but ask them before u file. Dont be in haste as they are willing to pay u after all. ---Adv Ram Prasad +91-91777-22930

Advocate Ram Prasad (Chief Lawyer)     15 March 2016

Dear Perumal action of ur employer does not amount to cheque bounce. Persuade them to issue another Cheq and follow their instructions. U can also re-present again within the validity period of 3 months but ask them before u file. Dont be in haste as they are willing to pay u after all. ---Adv Ram Prasad +91-91777-22930

Adv. Yogen Kakade (+ 91 9225510883)     15 March 2016

You have to send a demand notice to the drawer within 30 days of the date of the cheque bounce. Give him 15 days time to pay the amount. If he fails to pay the amount in 15 days file a suit u.s. 138 of N.I. Act within 30 days of the last day of the time limit given. You can also file a criminal case u.s. 420 of IPC as he has stopped the payment of the cheque even after knowing his liability.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in   Call: 020-65248888

Perumal S   15 March 2016

Dear Sir,

Thank you for your suggestions.

If I file a case against the employer, roughly, how long it will take? and how much I have to spend?

Best regards,

-Perumal

Dr J C Vashista (Lawyer)     16 March 2016

Instead of restoring legal action discuss with employer/drawer of the cheque and take another cheque/DD/Cash.

You will spend more than what is due, besides running around the Court for date...date....date. Even then the result is indefinite.

However, you have the option to issue legal notice and file a criminal complaint as well as suit for recovery of the amount, contact, consult and engage a local lawyer.

Advocate Ram Prasad (Chief Lawyer)     17 March 2016

Dr.JC Vashishta has rightly adviced u more or less on the same lines as me. Plz be adviced Cheq bounce for all n every / Whatever reason does not become an offence nd u will end up paying for lawyer n court . Cell +91-91777-22930

Prasun Chandra Das (Banker)     19 March 2016

Advocate Ram Prasad:

 

First you say "action of ur employer does not amount to cheque bounce" and "Dont be in haste as they are willing to pay u after all". Then you say "Cheq bounce for all n every / Whatever reason does not become an offence ". Your advice is contradictory, seems to be in support of the employer, and also quite different from what Dr Vashista has said.

 

I agree with Dr Vashista that though Perumal has legal options, it is better and practical to resolve the matter by discussing with the employer.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 March 2016

Advocate Ram Prasad, the Chief Lawyer claims that he has given the same advice as  Dr. J. C. Vasishta. Not at all. The claim of the Chief Lawyer is wrong. There are Supreme Court judgments saying that NIA Sec:138 covers stop cheque instructions also. Dr. J. C. Vasishta has given a sober advice. NI: 138  cases can drag on for years. Further an employer is financially more powerful than an employee. It is presumed that Mr. Perumal has left the job. It would be wiser for him to seek another employment and simultaneously claim his unpaid salary from his previous employer.

Perumal S   21 March 2016

Dear respected Sir,

I am very much thankful to all of you for giving your valuable time to suggest/advice me. I will try my best to finish this issue by speaking to my employer. If he really wants to cheat me, I will face him on the court. Once again thanks for your time and suggestion.

Best Regards,

Perumal S


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