Hi preeti,
You have to settle the issue amicably with the previous employer. As rightly said by Ramesh, dishonouring a cheque (when presented) is a
criminal offence and will land you in deeper troubles in future appointments.
So, if you are sure, that there is no penalty clause in your appointment
order for leaving before the agreed period, please post your formal resignation by registered post with an
information that due to resignation the cheque no. dt. for rs.
handed over to you has become null and void. Before posting this letter,
you can issue instruction to your banker for stop payment of this cheque.
Otherwise, you have to settle the issue with your past employer amicably.
From India, Madras
4You have to settle the issue amicably with the previous employer. As rightly said by Ramesh, dishonouring a cheque (when presented) is a
criminal offence and will land you in deeper troubles in future appointments.
So, if you are sure, that there is no penalty clause in your appointment
order for leaving before the agreed period, please post your formal resignation by registered post with an
information that due to resignation the cheque no. dt. for rs.
handed over to you has become null and void. Before posting this letter,
you can issue instruction to your banker for stop payment of this cheque.
Otherwise, you have to settle the issue with your past employer amicably.
From India, Madras
Dear Raman,
The problem is that if i will give resignation then I have to pay 3 lacs. thats why i cant inform them. as per the contract if company terminates me then they can not present the check to bank. but i can not trust on my previous employer, so to save my money i want to close the account.
so tell me only one thing that if i will go bank to claose my salary account, will the bank inform to my previous employer about my this act
Regards
Preeti
From India, Delhi
The problem is that if i will give resignation then I have to pay 3 lacs. thats why i cant inform them. as per the contract if company terminates me then they can not present the check to bank. but i can not trust on my previous employer, so to save my money i want to close the account.
so tell me only one thing that if i will go bank to claose my salary account, will the bank inform to my previous employer about my this act
Regards
Preeti
From India, Delhi
In this case yes Preeti, they may inform. Who opened the account for you? Self or company? Let us know
From India, Madras
From India, Madras
Dear Preeti,
There is no law available in India who authorise an employer to take cheque from an employee in any case/Agreement.
As you have told that it was informed to you verbaly so there is no relevence to quote it further. You can send a cheque stop request to your concerned bank. It will be automatically stopped bythe bank. So don't worry.
And even Company have no leagl autority to claim this chequein case of leaving the company.
So don't make it a issue and enjoy working at new place.
If you need any more clarification pl.write to me.
Thanks,
Satyendra
From India, New Delhi
There is no law available in India who authorise an employer to take cheque from an employee in any case/Agreement.
As you have told that it was informed to you verbaly so there is no relevence to quote it further. You can send a cheque stop request to your concerned bank. It will be automatically stopped bythe bank. So don't worry.
And even Company have no leagl autority to claim this chequein case of leaving the company.
So don't make it a issue and enjoy working at new place.
If you need any more clarification pl.write to me.
Thanks,
Satyendra
From India, New Delhi
Preeti,
There are quite a few things I have to say on this matter.
1. Forget the legal trouble, it is absolutely unprofessional and unethical and un-courteous to leave an employer without formally resigning. They gave you a job when you needed one. They gave you a salary every month. Granted! They did not do you any favor. It was purely a business transaction. However, there is something called Business Ethics. And it is against that ethics to leave an employer without even informing.
2. You said you signed a contract for 30 months, and agreed at the time of joining that you will serve a 30 day notice period. Now, how ethical is it to not honor your own commitments? Regardless of the situation, work ethics and professionalism dictate that you honor your commitments and at the least, inform the right people your inability to honor part of the commitments (30 months stay) and give them 30 day notice to make alternative arrangements
3. As for the Rs. 300,000/- issue, if it is not in your written contract, you are not liable to pay them.
4. So, what do you do with check you have already given them for Rs. 300,000? Assuming that you have a copy of the check (or at least you made note of the check number), it is quite simple. Walk into your bank, go the cashier or the branch manager, and issue a “Stop Payment” on the check. This is a facility every bank customer has. The bank may charge a nominal fee for it (I am not sure, but you can find out). Essentially, when that check goes to your bank for clearance (encashment), the bank will see the “Stop Payment” instruction against that check and will refuse to pay the party who submitted the check. If you don’t want to issue a “stop payment”, then clear your bank account of the required funds. Even if you have Rs. 299,999 in your bank account, they will not honor your Rs.300,000 check (unless you have overdraft protection etc.). Anyways, you get the idea – if your account does not have sufficient funds to clear a Rs. 300,000 check, not a penny will be taken out of your account – the check will bounce back.
There are many ways to handle the cash payment situation you are having. But running away from your employer is not one of them. It is unethical and unprofessional. Please don’t do that.
Regards,
--Som G
From United States, Woodinville
There are quite a few things I have to say on this matter.
1. Forget the legal trouble, it is absolutely unprofessional and unethical and un-courteous to leave an employer without formally resigning. They gave you a job when you needed one. They gave you a salary every month. Granted! They did not do you any favor. It was purely a business transaction. However, there is something called Business Ethics. And it is against that ethics to leave an employer without even informing.
2. You said you signed a contract for 30 months, and agreed at the time of joining that you will serve a 30 day notice period. Now, how ethical is it to not honor your own commitments? Regardless of the situation, work ethics and professionalism dictate that you honor your commitments and at the least, inform the right people your inability to honor part of the commitments (30 months stay) and give them 30 day notice to make alternative arrangements
3. As for the Rs. 300,000/- issue, if it is not in your written contract, you are not liable to pay them.
4. So, what do you do with check you have already given them for Rs. 300,000? Assuming that you have a copy of the check (or at least you made note of the check number), it is quite simple. Walk into your bank, go the cashier or the branch manager, and issue a “Stop Payment” on the check. This is a facility every bank customer has. The bank may charge a nominal fee for it (I am not sure, but you can find out). Essentially, when that check goes to your bank for clearance (encashment), the bank will see the “Stop Payment” instruction against that check and will refuse to pay the party who submitted the check. If you don’t want to issue a “stop payment”, then clear your bank account of the required funds. Even if you have Rs. 299,999 in your bank account, they will not honor your Rs.300,000 check (unless you have overdraft protection etc.). Anyways, you get the idea – if your account does not have sufficient funds to clear a Rs. 300,000 check, not a penny will be taken out of your account – the check will bounce back.
There are many ways to handle the cash payment situation you are having. But running away from your employer is not one of them. It is unethical and unprofessional. Please don’t do that.
Regards,
--Som G
From United States, Woodinville
Dear preethi,
what you have done is absolutely 101% wrong.
You should have approached your previous employer before quitting.
Everywhere you are mentioning as check. It is Cheque.
If you close the Bank A/c and the previous employer fillup some amount and date in the signed cheque of yours and present the same for collection it will return as A/C closed. But an offence under Sec 138 of N.I.Act may be filed against you. Once it is filed you can not take a stand that at the time of joining they have forciblely taken a signed cheque of yours from you. Once the case is filed you are finished. The court will rely only on two things. Is it your cheque? Is it your signature? That is all.
My advise to you is that explain the situation to the current employer, take leave, go to the previous employer tender your unconditional apology, get the cheque signed by you back or cancelled. If possible get a proper relieving letter also.
Regards,
S.Kumarasubramanian
From India, Madras
what you have done is absolutely 101% wrong.
You should have approached your previous employer before quitting.
Everywhere you are mentioning as check. It is Cheque.
If you close the Bank A/c and the previous employer fillup some amount and date in the signed cheque of yours and present the same for collection it will return as A/C closed. But an offence under Sec 138 of N.I.Act may be filed against you. Once it is filed you can not take a stand that at the time of joining they have forciblely taken a signed cheque of yours from you. Once the case is filed you are finished. The court will rely only on two things. Is it your cheque? Is it your signature? That is all.
My advise to you is that explain the situation to the current employer, take leave, go to the previous employer tender your unconditional apology, get the cheque signed by you back or cancelled. If possible get a proper relieving letter also.
Regards,
S.Kumarasubramanian
From India, Madras
Hi preeti,
Your reply is very childish. How will they terminate you?. It
is you who have abandoned the employment without giving
any notice. They have every right to present the cheque
upon notice to compensate the loss of quiting without serving notice and
then they would close the file. You have to settle the issue amicably.
Your closing or retaining your bank account has no say in this.
Before analysing things, please issue a stop payment request
immediately to your banker where cheque return clause will not
be applicable. Then you can think of closing your bank account.
From India, Madras
Your reply is very childish. How will they terminate you?. It
is you who have abandoned the employment without giving
any notice. They have every right to present the cheque
upon notice to compensate the loss of quiting without serving notice and
then they would close the file. You have to settle the issue amicably.
Your closing or retaining your bank account has no say in this.
Before analysing things, please issue a stop payment request
immediately to your banker where cheque return clause will not
be applicable. Then you can think of closing your bank account.
From India, Madras
Section 138 of the Negotiable Instruments Act is a penal provision wherein if a person draws a cheque on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part of any debt or other liability, is returned by the bank unpaid, on the ground either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence. However with regard to "Payment stopped by the drawer" this section does not mention anything specifically.
It is seen that there are manifold reasons for the dishonor of cheques by banks but there is statutory mandate upon the payee under Section 13 (b) of Negotiable Instruments Act for giving a notice demanding the payment of the amount of said cheque, within 15 days from the date of the information as to bouncing of the said cheque from the drawer of the cheque and upon failure to make payment of the amount by the drawer within 15 days, offence under section 138 is deemed to have been committed. Moreover the decision of the Supreme Court in Electronics Trade & Technology Development Corporation Ltd is explicit and has decided all sorts of controversies in relation to bouncing of the cheque due to payment stopped by the drawer. It has expressly held that if on issuance of the notice by the payee or the holder in due course after dishonour, to the drawer demanding payment within 15 days from the date of the receipt of such a notice, if he does not pay the same, the statutory presumption of dishonest intention, subject to any other liability, stands satisfied.
From India, Madras
It is seen that there are manifold reasons for the dishonor of cheques by banks but there is statutory mandate upon the payee under Section 13 (b) of Negotiable Instruments Act for giving a notice demanding the payment of the amount of said cheque, within 15 days from the date of the information as to bouncing of the said cheque from the drawer of the cheque and upon failure to make payment of the amount by the drawer within 15 days, offence under section 138 is deemed to have been committed. Moreover the decision of the Supreme Court in Electronics Trade & Technology Development Corporation Ltd is explicit and has decided all sorts of controversies in relation to bouncing of the cheque due to payment stopped by the drawer. It has expressly held that if on issuance of the notice by the payee or the holder in due course after dishonour, to the drawer demanding payment within 15 days from the date of the receipt of such a notice, if he does not pay the same, the statutory presumption of dishonest intention, subject to any other liability, stands satisfied.
From India, Madras
Dear Som,
I fully agree with you except stop payment part.
Just imagine that you are her revious employer. Her signed cheque is with you. She left your organisation without completing any formalities and requirements. If you are gem of a person you may forget the issue then and there. But if you are a person of otherway around, you will definitely seriously instantly get annoyed over this and may ask any individual close to you or to the management working in the company to fillup any amount and date in the cheque and present the same to the bank for payment. Then follows the Sec 138 legal drama. No body can save her. During the trail the person may come and depose that she took loan from him and gave this cheque. Because court is going to bother only two issues. whose cheque it is? Whose signature it is? Being an advocate I have come across cases where in it is submitted by the complainant advocates against a poor tea shop owner in a rural area that he has taken a loan upto a tune of five lakh rupees on different occasions and gave a cheque at last for Rs five lakhs which got bounced. They have won such cases also. In Sec.138 cases trials courts are not asking how you have given a loan upto five lakhs to the poor guy.what is his background,,his earning capacity etc,etc.. Whose cheque it is? Whose signature it is? That is the end of it. My simple straight forward advise is that it is better for her to approach her previous employer to resolve the issue amicably.
Regards,
S.Kumarasubramanian
From India, Madras
I fully agree with you except stop payment part.
Just imagine that you are her revious employer. Her signed cheque is with you. She left your organisation without completing any formalities and requirements. If you are gem of a person you may forget the issue then and there. But if you are a person of otherway around, you will definitely seriously instantly get annoyed over this and may ask any individual close to you or to the management working in the company to fillup any amount and date in the cheque and present the same to the bank for payment. Then follows the Sec 138 legal drama. No body can save her. During the trail the person may come and depose that she took loan from him and gave this cheque. Because court is going to bother only two issues. whose cheque it is? Whose signature it is? Being an advocate I have come across cases where in it is submitted by the complainant advocates against a poor tea shop owner in a rural area that he has taken a loan upto a tune of five lakh rupees on different occasions and gave a cheque at last for Rs five lakhs which got bounced. They have won such cases also. In Sec.138 cases trials courts are not asking how you have given a loan upto five lakhs to the poor guy.what is his background,,his earning capacity etc,etc.. Whose cheque it is? Whose signature it is? That is the end of it. My simple straight forward advise is that it is better for her to approach her previous employer to resolve the issue amicably.
Regards,
S.Kumarasubramanian
From India, Madras
Preeti,
You have first messed up by signing the cheque and now you are messing up again by not serving the notice. Please start doing the 'right' things and please always think before you do something, otherwise your professional life will not be smooth.
People here have given you good advice. Try to follow it.
Regards,
Shikha
From India, Mumbai
You have first messed up by signing the cheque and now you are messing up again by not serving the notice. Please start doing the 'right' things and please always think before you do something, otherwise your professional life will not be smooth.
People here have given you good advice. Try to follow it.
Regards,
Shikha
From India, Mumbai
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