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Is there any rule/ T&C of employment you found written in your employment letter that you must provide “Undated Cheque/Blank Cheque” to employer while at the joining?
Did you get any copy of notice from your employer in this regards?
Did you get any copy of Legal notice that they have filed against you?
What was the reason of your resignation or breach of employment?
Why you were not allowed to serve Notice Period if you were ready and
what was the amount of the cheque?
Your query is lacking with many of things and the answers of above posted questions can enable us to give your appropriate response …
13th March 2013 From India, Gurgaon
18th March 2013 From India, Mumbai
Further to the citation by Anil ji, heres a couple of them more which I'd did like to empathize --
Company has no right to coerce any candidate/employee to hand a post-dated cheque, hence it should be a term in the organization; which terms are to be read & made clear.
[Check your appointment for (any such) clause]
- Were you bullied to give a undated check?
- Were you aware that giving a cheque might prove to have legitimate issues?
- If not; How'd you give it in first place?
This line makes me feel mystic -- If you decided to resign, you told your employer and still they haven't allowed you to serve notice.. then;
- How did you leave? ABSCONDED!
- Have you any correspondance (a letter/email) of proof to your resignation?
I hope we are not palying in dark. Therefore, ample of data should be gathered to help give you any expert advice. Thanks!
18th March 2013 From India, Visakhapatnam
Further to what Anil Arora & Sharmila Das have mentioned, pl also clarify IF the PDC was taken IN-LIEU of any Bond period.
If yes, what was the period.
You mentioned you joined in 2009 & quit in 2012--pl confirm/clarify the Months too.
Also, since you resigned, pl confirm IF you got the Relieving/Experience Letter(s). Or was it that the company deposited the PDC straightaway?
All the Best.
18th March 2013 From India, Hyderabad
Such practices show that the employer is not confident. In any case the employee need not worry about the employer filing the case against the employee for cheque bouncing, simply because there is no consideration for the cheque. Such transactions are void in law.
Another point is that for the current period, from 1st April the format of cheque is changing. All cheques are numbered. The number can show when the cheque was issued and it will be stale after 3 months. Such cheque cannot be forced for recovery.
I wonder, if this really happens. Employer can take a bond, but advanced cheque for 3 years in advance?
19th March 2013 From India, Pune
If you are forced to give undated cheques, first thing to do is go to your bank and issue stop payment orders against it .... Pure and simple.
Then if the company does bank the cheques, it will not be considered as criminal offence. The date of stop,payment will also show how old the cheques are. Which will help in case they do file a case
20th March 2013 From India, Mumbai
Three month notice mentioned in Appointment letter.
21st March 2013 From India, Delhi
#AnonymousReason of resignation was illness.[IBS] It is a Digestiv Problem. There was no condition of submitting an undated cheque. But it was held by them as security purpose. Either I had to fill an format duly signed by Two Gaurantor or submit an undated cheque of 3 months salary. This is not mentioned in appoitment letter. When I askex them to allow me to serve the notice period they demanded three months salary from me and withour informing me presented my cheque in the bank.
21st March 2013 From India, Delhi
17th July 2014 From India, Delhi
Undated cheque - or a cheque with no amount filled up later could be a way out , however the onus of proof is still on the Drawer. A prima facie case holds and court will look at all this only at evidence stage.
17th July 2014 From United States, New York
21st July 2014 From India, Delhi
The employer was within his full rights to put the relevant date.
The only thing the court will now look at is whether there was any debt existing at the time of presentation to the bank. If the court decides there is no debt, bouncing of the cheque is not a criminal offence. The company can still proceed on a civil trial if it has any grounds for the same. if the court decides there was a debt and the cheque was presented to clear the same, it amounts to a criminal offence to bounce the cheque for want of funds.
21st July 2014 From India, Mumbai
The de-facto situation now is that they have a cheque, on which the date appears to be current and it has bounced due to non-availability of funds, which is a criminal offence. And they have filed a case against you under Sec 138 of Negotiable Instruments Act.
It has been repeatedly discussed on this forum and the consensus is that its stupid to give a blank cheque or a security cheque to the company, but that employees give it because they want the job and dont think ahead.
You can always use these arguments in the court.
But as i said, its for the court to decide whether or not there is a debt you owe to the company.
21st July 2014 From India, Mumbai
s. 138 says :
138 Dishonour of cheque for insufficiency, etc., of funds in the account. —Where any cheque drawn by a person 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, 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 and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may be extended to two years or with fine which may extend to twice the amount of the cheque, or with both
It is now for the Court to decide how sound your case is and what penalties to impose. You would have got a Notice from the Company earlier demanding payment and now that a case has been filed a Notice/Summons from the Court also , enclosing the Written Statement of the Company which should set out clearly why they are claiming this amount.
If you can rebut their claims in writing, with strong evidence to back it up rather than just statements you may have a case. Else you have no case, IMHO.
Suggest you take advise of a lawyer now.
21st July 2014 From United States, New York
You can not issue a cheque for a debt and then issue a stop payment.
7th November 2016 From India, Mumbai
Problem, if any you experienced should have been described than asking so many academic questions. Solutions depend on the nature of the problem, not generic answers, is asked on hypothetical academic questions. However, having not seen this query earlier, sorry for late response to the query.
29th June 2017 From India, Delhi