Stop cheque – is it considered criminal offense

[Mounika Ashish]

Sir,
I’m from South India, I got a job in Delhi. The company asked me to sign the bond and a security deposit cheque was taken. I’m very good at my work, but I had few problems. I often fell sick almost every month I used to not attend the office 7 to 10 days, but still I used to complete my targets equalant to those who attended full month. The company did not provide me any sort of training. I have requested many times that I can’t work at this place at least shift me to other branch I got my friends(who does not work for the company) at the other branch who can help me when I fell sick. Recently I was so ill that 1. Week I did not have any food I was surviving only by drinking water and some rice. I used to stay in a pg where no food was provided. I did not inform my parents that I was sick after a week I had little strength in me and traveled back to my city. It takes approx 28 hours to come to my place. This was continuously repeating with me and one final day I almost fell like I will die if I continue to stay at this place. I had so many health problems vomiting, fever, cold, pollution problems and all finally I gave my resignation and never went back. I had stopped the cheque and later they tried to deposit it and i got message in sufficient funds, rs. 600 deducted against stop cheque. They gave me legal notice and I replied them, and time passed on I never got any reply but today I received a mail that they filed a case against me. How can they file a case without giving reply to my notice as the notice period has passed off. Also they did not file any case against other employees who left. Neither those people paid any amount nor they continued their job and no charges were taken against them. Only me they are holding grudge. I have signed an agreement that I will work for 18 months. In the agreement there was a point that if I’m medically not fit the company will remove me from job. I myself said them so many times that I’m not medically fit but they never bothered about me. I don’t have any relatives over here my whole family is in South India. More over I’m not even working anywhere for almost four months as recently I started recovering my health. I’m from a poor family background, we don’t even own a house and I have my educational loan to be paid. My parents are daily Labour and are uneducated. Should I get a job and pay my loan and help my family or should I be roaming from south to north paying advocate fee without getting a job. They are black mailing me to give them 1,50,000. Nowhere in the agreement they mentioned about me paying 1,50,000 if I don’t serve 18 months. I’m really worried.

[Dr. Ashok Dhamija]

On the one hand, you are saying, “Nowhere in the agreement they mentioned about me paying 1,50,000 if I don’t serve 18 months”, on the other hand, you have stated that you stopped cheque payment. What cheque was that? Was it not as a security bond if you did not complete the stipulated 18 months minimum service?

Please read my reply given to a similar question (Dishonour of cheque given as security – whether offence under Section 138 N.I. Act made out?) which covers this issue.

Also see: Consequences of Stop Payment on cheque dishonour when there is a dispute between parties.

So, generally speaking, a cheque given as a security, may not be covered within the expression “for the discharge, in whole or in part, of any debt or other liability”, which is an essential ingredient for a cheque bounce case. But, ultimately, it will depend on the examination of the detailed facts of your case as to whether the cheque given by you was “for the discharge, in whole or in part, of any debt or other liability”. But, the burden may be on you to prove this.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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