Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Harish Kumar (student)     08 January 2011

indemnity bond and dishonor of cheque

i join a company in noida and signed indemnity bond for 2 years, in which says company will give training for worth 5 lakh and if i leave company within 2 year, i need to pay 2 lakh towards damage they claim. they took  1 black cheque as security. i left company in 4 days as they asked me to work on project instead any formal training and company senior abuse junior employees. now they send me notice to pay bond money and also try to encash cheque which i gave them at the time of joining. cheque is return unpaid and i inform branch manager about this issue, request his to stop payment. my question is is cheque return unpaid is i  guilty for dishonor of cheque ?  2nd they not give me any training ,demand of demand is right legally ?



Learning

 4 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     08 January 2011

case can be filed but you can contest in the court.

1 Like

RAJESH KUKREJA (ADVOCATE)     08 January 2011

There are couple of things like terms of employement and if the company has made breach in the terms/contract of employement, than you are not guilty of dishonor of cheque and if your liability proves than you are.

1 Like

Harish Kumar (student)     08 January 2011

Thanks for your reply sir , is bounded labour is legal in india? since company not give me any traning instead of giving traning they asked me to work on project, senior always abuse me and torture and asked to work on ilagle activity ? since i sign a bond that i will not leave the company in 2 yr , if i do then i need to pay , dont you think this is forcing for bonded labour. since company not spent a singal money on me how can they claim the damage ?

i also attaching a latter which i sent to compnay , please help me.


Attached File : 45 45 notice.doc downloaded: 197 times

subhashmahavadi (cashier)     01 May 2011

Mr. H.A cheque gives as a collateral security for the performance of your duties cannot be a primary security . it isa colleteral security hence it cannot attract the provisions of Ni138..more over you have given a letter not to present the cheque to the payee. then a suit cannot be filed in the court.Give  a stop payment letter to the bank.

 

Subhash Mahavadi


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