Legal Question in Consumer Law in India

Salary Cheque Stopped For Payment

My salary cheque for the month (CBS Branch) of Punjab National Bank has been returned dishonoured with the remarks : Payment stopped by Drawer. The cheque was issued on 9th March. On 14th March, Co unceremoniously announced that I was no longer associated - without charge-sheet, without notice, even without termination letter. Now with the intention of forcing me to tender resignation, stopped the cheque of February.


Asked on 3/22/07, 10:46 am

5 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: Salary Cheque Stopped For Payment

you can initiate proceedings under sec 138 for dishonour of cheque. You can raise a labour dispute in respet of termination if you come under the defination of workman

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Answered on 3/23/07, 12:19 am
Panduranga Acharya J & P Associates, Advocates & Solicitors

Re: Salary Cheque Stopped For Payment

DEar Sir,

Initiate Legal proceedings against the drawer of the cheque both in criminal and civil court and file suit for unlawful termination.

if you fall with in the meaning of Workman please also apporch Labour court.

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Answered on 3/30/07, 1:50 am
JUZER UDAIPURI M/S. UDAIPURI & COMPANY

Re: Salary Cheque Stopped For Payment

Sir, you have a good case on merits. Take action for 138 proceedings, and also for wrongful dismissal in the labour court, if you fall within the definition of workman.

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Answered on 3/24/07, 9:59 am

Re: Salary Cheque Stopped For Payment

You firstly present the cheque for encashnent and if the same get dishonoured for any reason then served the company,signatury of cheque and directors a legal notice and then you can file complaint u/s 138 Negotiable Instrument Act and further you can file a summary suit against company and can claim the cheque ammount and interest there on.In case of wrongful termination you can proceed in civil court and can ask for stay of termination and can also claim damages.

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Answered on 3/22/07, 12:51 pm
G. M. Gupta gmguptaandassociates

Re: Salary Cheque Stopped For Payment

you have these options: use all or any one its ur choice

1. file criminal complaint u/s 138 of negotiable instruments act

2. file case for wrongful dissmissal with labour court and you will certainly get relief

3. file summery case under order 37 Civil procedure Code for interest.

4. file civil case for damages for harassment

go for kill - file all four cases and claim damages

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Answered on 3/28/07, 10:14 am


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