Legal Question in Civil Litigation in India
STop payment
Dear Sir i was working in company Srishti i had got job abroad i had to give them short notice of 10 days but in appointment letter it is 30 days but nowhere it is mentioned in lieu of 1 month salary now my employers had issued cheque and gave STOP payment . what legal consequence can i do against them
sumuk
2 Answers from Attorneys
Re: STop payment
You can launch criminal prosecution under section 138 of the Negotiable Instruments Act. To enforce the encashment of cheque.
Re: STop payment
Once the check has been given voluntaroily settling the accounts, stop paymnet can not be done. They are liable under section 138 of the Negotiable Instruments Act. This conclusion emerges on the basis of the law as propounded by the Supreme Court of India in its various judgments. The view of the Honorable Court is that the check should be given the sanctitiy of cash, which is an imperative for growth of trade and commerce in the country.
Related Questions & Answers
-
Partition dear sir, i filed a partition suit over (our ancestral property) in lower... Asked 1/10/05, 12:59 am in India General Civil Litigation
-
Non payment of contractual salary I am a post graduate in science. I have been... Asked 10/31/03, 9:32 am in India General Civil Litigation
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
