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The finance ministry has proposed to decriminalise a host of minor offences, including those related to cheque bounce and repayment of loans, in as many as 19 legislations to help businesses tide over the crisis caused by the coronavirus pandemic.
The 19 legislations i ..
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From India, Aizawl
There has been considerable counters to the FM's proposal to relax certain provisions re:cheque bounce' cases on the plea that decriminalisation very badly affect the prospects of inflow from the debtors. Let's see what happens.
From India, Bangalore
I really appreciate all your responses. But somehow all this has now scared me more about imprisonment and all. There are so many people out there who did fraud cases of crores and still sitting and enjoying their lives. Here i am struggling to clear the loan but ain't getting any job. I had joined a startup but salary wasn't on time and i never got full salary there. I had come to 30k salary in the startup from 45k which i was getting in MNC. I just don't know what to do now. I tried my best to get things sorted. But i am helpless now and i give up. Thank you all for your time.
From India, Pune
The wrongdoing under NI Act 138 is criminal only in the technical science. The proceedings are that of summary trial, that too, not a police report but on a private complaint.

In fact, it is more or less a civil wrong; the criminal trial only because of the specific legislation.

Moreover, it cannot be said that the offence under this provision involves mens rea i.e the guilty mind. It is settled law in service jurisprudence that, in the absence of moral turpitude, even a conviction in a criminal case need not render any one unfit to be employed or unfit to be continue in employment. As such, in my understanding, it is unreasonable to take into consideration the proceedings because of the dishonor of cheque during BGV.

This is all the more so because more than 90% of the case under NI 138; they are not based on genuine transactions, but only because of blank signed and undated cheques taken in advance against loans at usurious rates of interest. If so, the matter could be very well defended.

The querist has not furnished the material facts. Anyhow, it can be assured there is no prospect of imprisonment even if the allegations of cheque dishonour are proved. Moreover the offence is compoundable and if there is really debt, the matter could be settled through mediation or compromise.

From India, Kochi

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