i have read all the other answers. Actually where is salaried person, he needs quick remedy. In your case now possibility of filing 138 case ruled out since you have returned original cheque. you have no opition of suit also since negotiable instrument i.e. cheque is not in your possession. However according to me best remedy to you is file winding up proceedings against the company. it will give you speedy recovery.
Usually a dishonour of cheque requires a notice to be issued within 15 days from notice of return for any action u/s 138 of the N.I. Act to be initiated. In your situation, your ability to claim this amount, only if admitted by your company, in my opinion is limited to a Summary Suit. You may try to send a reminder email and/or other correspondence to your employer to see if they are willing to amicably resolve this.
Best of luck!
file civil suit after sending legal notice. its an admitted liability. preserve all the correspondence or email with the company as these are crucial to establish your claim and recover the company. As the claim arises out of a negotiable instrument, a summary suit will lie and these are disposed of much quickly than ordinary civil suits. for summary suit you have to get cheque from company. if not then file winding up petition.
As you have returned the cheque back to the company, you have no alternative but to file a summary suit for recovery of your termination dues in a civil court. Please retain all the correspondence with the company as these are vital to prove your claim and the attitude of the company. As the claim arises out of a negotiable instrument, a summary suit will lie and these are disposed of much quickly than ordinary civil suits.
Hi, you have not mentioned your designation 1. In case you are doing skilled, unskilled,semi skilled, technical, manual or operational work and supervisory nature of work, salary not exceeding 10kk, you can file application under Sec 33C(2) of the Industrial disputes act.
2. In case of manager level, you can also file civil suit for recovery of money before City Civil Court (depending upon amount due).
In case the Co has assured you in writing via mail, letter or any form of written correspondence, then in that case it is admitted liability.
The first question is that whether you have returned the original check which was given by your company or the original check ( issued by your company) is with you.
As once the cheque gets dishonoured then in month time (30 days) you need to send notice, as you have been late by 4 months but no issue I send your employer a legal notice and wait for 15 days for their reply then you are free to file a complaint under 138 negotiable act.
As after the complaint filing you need the memo, original dishonoured cheque for court record, so try to get that cheque which you have send to your employer.
So the best step is send a legal notice to your employer as soon as possible and rest will be done by your lawyer.
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