KK!HR
Management Consultancy
Octavious
Hr Manager
Kamalkantps
Advocate
Imok
Hr Executive
Sogemar
Ir Manager
Drkarthick
Hr Manager
Nathrao
Insolvency N Gst Professional
Aks17
Compliance Manager

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In the year 2014 i was working with an Indian IT company as sales executive, where i signed a employment bond for 1.5 years against which company took a blank cheque. After 6 months only due to some family issue I left the company by just sending an email to HR. Since i broke the bond company deposited my blank cheque with the amount of 2.4 lakhs and due to account closed, the cheque got bounced hence lawyer started sending me demand notice for which i gave no response, then company filed section 138 cheque bounce case against me.
I lost the case in district court and judge said that i did not submitted email copy to court hence i am convicted and have to pay 3.5 lakhs defaulted then 6 months jail. now i have applied in session court and matter is under session court.
Due to poor knowledge and poor lawyer i lost the case but now i want to know possible ways to finish this case.
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Hi,
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
The case against you, it appears, is not for jumping the employment bond but it is for the bounced cheque, as per provisions of the Negotiable Instruments Act 1881. The very fact that the cheque has bounced is sufficient for holding you guilty in this matter as you did not care to reply to the notices and build up a case. It appears to be too late now to redeem the situation. You may better approach the employer and try for a settlement rather than prolonging the legal battle and adding to your interest burden.
its a case of cheque bounce, you should have cancelled the cheque the day you left the company, now here is what you can do.
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)
Hi,
Simple ways.
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.
Hi,
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.
Regards
Octavious
First of all the employment under bond is illegal. So better take this point and let them know that u were asked to give the cheques for official record purpose.
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.
A good lawyer can help you out.
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.
Dear ,
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
Employment bond is illegal in India, which is a form of slavery, which is abolished world over by ILO and India is a signatory to this International Convention. The employee has legal remedies under the Industrial Disputes Act for relief and Consumer Forum for compensation for misusing the cheque, which is a fraud in this case.
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