I was appointed in a small company in Raipur as Secretary to Managing Director on 8th October, 2011. I was asked to sign a Bond for three years which I signed but clearly told them that if they opt 'hire and fire" policy, I would not be able to survive with them. After few days, the CEO and Managing Director started behaving very roughly which I very emphatically opposed and requested them to release me with immediate effect. But they did not pay any hid to my request. I was given to understand from the existing staff members that their behaviour with other staff members were also same hence I would not mind. But this was not acceptable to me as I had never worked in such a terrific situation. Besides their authorised and legal business, they were also carrying out some businesses which was not matching my professional ethics. The salary for the current month was being paid in cash on and around 20th of next month.
I was given a rented accommodation in Raipur for which the rent was being paid by the Company which was a part of my CTC.
In the month of December, 2011, I made a request for a furniture loan of Rs. 40,000/- which was given to me in cash after signing a voucher and giving them two undated cheque of Rs. 20,000/- as a collateral security. Meanwhile, they asked me to accept appointment letter which I denied and not accepted and clearly told them to release me from their services. My all efforts proved futile and their behavior was increasingly becoming rougher. I had no option but to leave town which I did and informed them over phone that I would not be able to continue with them.
In revelation, they published my name in the local news paper putting a number of allegations on me. Subsequently they sent me a legal notice at Kolkata address which I accepted and my lawyer at Supreme Court replied their legal notice.
My furniture loan of Rs. 40,000 was being deducted from my salary and when I left that Company, on 10th April, 2012, only a sum of Rs. 11669/- was balance to be paid for which I requested to them to accept and return my cheque. But to my utter surprise, they are now claiming these two cheques' amount of Rs. 40,000/- as separate loan which is not true. I advised my bank to stop payment of two cheques.
Recently I have received a notice u/s 138 from their lawyer at RAipur in which they have informed me that the cheque was bounced and I should pay the amount of cheque.
My Advocate at Alipore Police court had replied their notice asking them to accept their actual dues of Rs. 9661/- after making all adjustments abstain from framing false allegations and charges on me and return two cheques, which they are allegedly claiming a separate loan of Rs. 40,000/-. My advocate has also advised their advocate to get their client abstained from harassing me otherwise a defamation suit will be filed against them (As they published my photograph and false allegation in local news papers besides having all my contact with them).
I want to know whether I should go for a defamation suit ?
Presently I am in Kolkata and the incidence is of Raipur. In case they go for a suit, what remedy remains for me to save myself from their false allegations as I am ready to pay their balance amount of Rs. 9881/-.
Please advise and help.
