I had issued a cheque to my previous employer. Further I could not manage the fund in time. Cheque issued by me was presented by my employer with bank. In mean while I deposited fund in my account, but the cheque was returned before the deposit relects in my account.
I asked them to represent the cheque, but they asked me to issue another cheque in lieu of old and dishounered cheque. I asked them to return back the old cheque. They again requested to issue a new cheque as they needed fund immediatly and assred me verbaly that they will return back the cheque as earliest possible. In goodfaith, I issued a new cheque for the same amount to them and its mentioned on the cheque that "this cheque was issued in lieu of old boumced cheque no.........". and I given STOP PAYMENT for old cheque.
Further I asked them to give back my old cheque, but not given and repling me that cheque was not came back to them.
After some time I received notice u/s 138 from them to pay the money otherwise they will file case against me. I also replied by Legal notice stating that I already paid the money vide new cheque number........ in lieu of old cheque. My employer not responde my notice.
Now after 5 years I got warrant from court that u/s 138 case filed on me for non payment. I firstly got bail.
My query is how I can go further in this matter. I have the cheque copy which mentined clearly that new cheques was issued in lieu of old cheque. My bank account also debited for the amount of new cheque. And I also comfirmed from bank that this amount was credited to my employer account.
Further, may I ask to court to take action against my employer for filling a wrong case against me.
Kindly guid me.
