Legal Question in Criminal Law in India

checque bounce

last year i had joined a company under an agreement of 3yrs and

against an undated cheque deposition of worth 2.5 lakhs issued by my

father, as a surety amount.the intention of the above said amount was

to compensate the expenses that the company would have spend on me.

now that i have left the company for a better prospect,the company

has filled a case against me and my father for the non payment of

cheque.i would like to mention that i do not have any debts from the

company and also the amount given by the company to me was only 35000

that too as my salary for the service that i had rendered to the

company.

so under the above said circumstance, is it possible that i and my

father can be tried under section 138?


Asked on 1/08/09, 7:27 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: checque bounce

insufficient details to answer

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Answered on 1/09/09, 6:37 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: checque bounce

The facts provided by you are insufficient for an appropriate opinion. You have not stated about the training, if any, imparted by the employer before starting job.

Therefore, you may better consult a lawyer alongwith the relevant documents like surety deed and other employment related documents like bond etc.

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Answered on 1/08/09, 11:46 am
Shrichand Nahar S.V.Nahar, Advocate

Re: checque bounce

If there is a Service Agreement providing for compensation/damages to the company, then action can be initiated by company.

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Answered on 1/09/09, 1:25 am


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