If the bond is reasonable and not one-sided it will be held valid. As it is a contract between two consenting adults there is nothing wrong unless you prove it otherwise. Moreover your first step was wrong and there seems to be very little you can do unless you bring in something which was missed by the trial court. You cannot bring in new point at this stage since it is more of an appeal than the trial itself. You try to ask for leniency and try to get the amount reduced or better still you may settle it out of court with its knowledge and see that your career is not jeopardized at this stage.
There is no point in confronting especially when the odds are stacked against you. Be practical and let it go for the sake of your career and mental peace.
Thanks and Regards
4th December 2018 From India, Hyderabad
9th December 2018 From India, Mumbai
1- Get a good lawyer
2- Appeal to court for the leniency
3- try to find out email which was sent to HR for resign
4- try for out of court settlement
5- Also try to claim that you did not buy any service or product from the company they were using cheque illegally(i dont know if you claimed already or not)
11th December 2018 From India, Delhi
Inform the court straight away that the cheque was yours and submitted for official records.
They misused it, and you did not owe them any money.
Also inform the court that the amount and other details are not filled by you.
Inform precisely (voice &tone should be obedient) that you worked for the company and got salaries.
You can also defend as a common man with common belief you are afraid to make such crimes and never did anything and for sure will not do in the future also.
You should be confident that the broken bond will get you no legal issues.
11th December 2018 From India, Chennai
You have very strong case in your favor as you rightly said you had weak advocate. There are various judgements which speaks about legality of issuance of undated cheques and its misuse, and fortunately such cases are in your favor. Also employment bonds are illegal.
Please fight the case in HC while seeking criminal proceedings under criminal writ petition in HC.
And this time find a good advocate by paying good money.
19th December 2018 From India, Mumbai
Secondly i have emailed the resignation letter to the HR. let the HR intervene in this matter.
There are many companies where the HRs adopt the policy of Bond so that the employee is bound to leave on a specific approach. This is a Selfish approach of the company and the employee who are looking for better carrier loose the jobs because at the end of the Bond the company may even ask to leave.
Again Why the HR has initiated the Bond is may be because the culture of company, environment of the company may be who so ever would be joining would be leaving the company soon as they are not satisfied.
So this is a valid point for you to justify.
20th December 2018
There are far too many loose ends from company.
First of all when the cheque bounced, did they give you a written notice after the cheque bounced?
On this technical ground itself the case should have flopped.
On what basis have they taken bond for 1.5 years to a sales executive?
Seek legal help.
You can get the punishment quashed by higher court.
22nd December 2018 From India, Pune
1. If you have closed the account before the cheque is been produced ,Then your company doesnt have right to file suit on you .
2. The bond terms needed to be studied in depth.
3. Your advocate was not good in my opinion .
4. In your first response to the court itself , you should have given a message or notice about the mail you gave to your HR.
5. Even now you can crack the case in the sessions Court .
I am Counsellor Under Ministry of labour and employement , Govt of India , You can get in touch with me in
5th January 2019 From India, undefined
6th February 2019 From India, Mumbai
I am sure employer should not have spent much on you during this period related to trainings/tour/certification etc.
Mohammad Sajid Ansari
7th February 2019 From India, Gurgaon
Issue No 1.
Whether the bond was illegal or enforceable?
Answer: Employment Bonds are legal in India but the same must be executed to safeguard the cost of training imparted to improve the experience of the employee. So the test herein is if they have given you any training and giving training itself would not entitle them for claiming bond money. There must be a substantial cost of training involve in imparting the training to the workman/employee. Please inform us if there is any such case.
Issue No. 2.
You never participated in 138 case. That was total foolish this to do on your part i must say. Now to get out of this situation there may be a few options available depending upon what you did till date. You may challenge the Ex Parte Order but while challenging the same you must take objection that the malafidely used the cheque to gain undue monetary gains. but the same will not sustain if they have a genuine claim. Mediation is one way to get the matter settled. Now a days every court has a mediation centre which is effective and binding. If you want settlement that is a good choice. Your input is required to provide further advice. Feel free to call me.
23rd February 2019 From India, New Delhi