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Author Topic: What should i do to defend a U/S 138 NI act( dishonour of cheque) case?  (Read 1800 times)

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Offline lallu

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(November 2013)I joined a software company as a fresher, with a 6 months bond and a cheque of  80,000 rs(not dated) as a security.
(February 2014) I quit after 4 months due to my worst health conditions and hectic work schedule(night shifts)
(10/3/2014) I mailed HR asking my certificate and bond exemption stating my illness.
They asked for the medical certificate to be submitted in next 2 days or else they are going to present the cheque, which I mailed on 12/3/2014
But after 2 weeks i got a letter from them stating that the cheque bounced with "INSUFFICIENT FUNDS".
[May 2015] i got a summons on a charge of U/S 138 NI act( dishonour of cheque).
I have a log register from the company that shows my daily working hours like 9-11 hours average.
What should I do now?

Offline Advocate M.Bhadra

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This case is not maintainable as because keeping security cheque would not be treated an offence under N.I.Act, there are several number of judgment of higher court. Defend the case by producing proper evidence. You can file a counter criminal case against the said company.

M.Bhadra,advocate at Kolkata,9836589246

Offline lallu

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Thank you sir.
I managed to get a log register from the company showing that I worked upto 12 hours some days( average 10 hours). Can I do anything with this log??
They snatched my original certificates?? Is it legal for them to hold my original certificates??


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