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Author Topic: Employer Salary cheque bounced  (Read 1010 times)

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Offline Abhishek_Kapoor

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Employer Salary cheque bounced
« on: August 04, 2015, 04:42:01 AM »
Hi,

My Employer gave me 2 salary cheque's and they have been bounced with return memo's (stating bounced due to insufficient funds), total amount  is 110000 and lawyer is asking for 25000, however I am not looking to any kind of settlement with company else I will only have 40000-50000 in my hand after giving it to lawyer. Now I have about 10 days to send him notice but before I do that I need some serious and honest advice. Is this actually recommended to file a case in India as I have always heard that it takes years/ages to win or lose a case. I have also read that some 18 lakh pending cases in various courts.

What can be the consequences of the case from the opponent? How much time does it usually take to hear the result. Is it general that other party asks for more time again and again?

Please advice if you have something else in mind? I seriously want an open topic where people can comment and advice me and provide their opinion.

Thanks and Regards

Abhishek

Offline adv.amarnath

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Re: Employer Salary cheque bounced
« Reply #1 on: August 22, 2015, 03:04:04 AM »
Once NI Act case initiated against your company it will take minimum 3 years. Whether you file NI Act case against your company or not that is secondary but you must send a statutory notice under Section 138 of NI Act to the company within 30 days from the date of knowledge of bouncing of cheque. You can send statutory notice by yourself. No Advocate notices are required. Advocate notice is being practice to sent to make the notice more serious and perfect.

If you appoint a strong advocate or competent advocate, hope accused person will not able to take adjournments after adjournments.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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