Dinesh Divekar
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I have a personal loan in my name and a few cheques were bounced at the beginning. Bank has a court case against me. The case will only be closed if i pay off the remaining loan amount which is almost 4 lacs. I had joined a MNC last year and within one month I was asked to leave saying BGV failed due to the case. HR gave me one week time to clear the case. Obviously that was impossible. If MNC's don't hire a person based on such a case, how is the person suppose to earn? Can anyone suggest to me good-paying BPO's who would hire me even though I have this case? Been jobless from last 5 months due to CORONA.
From India, Pune
Hi Nisha,
I can only sympathize with you viewing your helpless situation. I don't know how you manage your affairs. If you are really serious, unless you clear your pressing commitments, including the court cases it's impossible to ensure positive feedback from BGV to bag a decent job commensurate with your qualification & experience. Moreso, improving CIBIL credit rating also an important factor. We have no quickfix solutions to your problems described in your post.

From India, Bangalore
Dear Nisha,
As Mr Kumar S has said it is difficult to provide a solution to your challenge. Indian jurisprudence works on the dictum, no one is guilty unless proved. However, just because the case is going on the court, if an employee is told to quit the employment then it is a misplaced grandstanding.
Look at our lawmakers. Third of our legislators or parliamentarians are accused with the criminal charges. A person can contest election, make laws for the country but unable to get employment in the private organisation is travesty of democracy.
I recommend you applying for the jobs where BGV is no serious. There are many jobs in the field of supply chain management or warehouse management. You may apply for those jobs.
Thanks,
Dinesh Divekar

From India, Bangalore
Hi Nisha,
I may add, the case of 'Cheque bounced' is a serious issue which will be dealt with on a time-bound manner and when proved guilty of the offence under sec.138 of the Negotiable Instruments Act, according to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with a monetary penalty or with both. If the payee decides to proceed legally, then the drawer (you) will be given a chance of repaying the cheque amount immediately which only will save you. I'm sure you know that. I afraid there is a danger of imprisonment looming large. Pl.hurry up, give top priority to save yourself from this ignominy.

From India, Bangalore
Dear team members,
While honouring the views of experts, mentioned hereinabove, I have a faint recollection of having read in an article that the "cheque bounce case", now, will not be considered as criminal offence.
As I am not sure about the veracity of this news, I am not trying to give my opinion to the poster.

From India, Aizawl
As an addendum to my earlier post, the subject matter appeared in "The Financial Express" dated June 12, 2020.
From India, Aizawl
Yes, cheque-bounce case is a criminal offence. But it cannot said to involve 'moral turpitude'. As such, there is something fundamentally wrong in the BGV process which does not take into account this basic distinction.
Moreover, it is seldom that the accused in a cheque bounce case is punished with imprisonment. At present punishment is restricted to fine and imprisonment till the rising of the court.

From India, Kochi
Dear colleagues,
To my knowledge, sec.138 of the Negotiable Instruments Act, criminalising and associated imprisonment of guilty of charges has not been done away with so far. Though the Govt.of India made out a proposal to bring in certain amendments to this effect,it still remains as it is. Circumstances may differ but the fact is still it's a punishable offence. The SC also passed judgment as recent as Oct.2019 ordering the obligant either to pay up more than double + costs/damages or was to be imprisoned. Copy of extracts and opinions expressed in the context are attached. My own experience, I had to file as the head of finance, atleast 20 such cases in the trial courts during 2012 and all of them still remain with no headway, yet to be disposed of. It's also reported that atleast over 3 lakhs cases are pending disposal at various courts, that is the state of admin of law in the country. Though law enforcing authorities are doing their best to cut down the delays there has been no respite. It's not my intention w.r.t. the post we are discussing,but since the case may be one of the reasons blocking the opportunities, it should be closed soonest, that's my concern.

From India, Bangalore

Attached Files
File Type: docx Chq.bounce cases-Criminal offence-Opinion June 2020.docx (15.9 KB, 6 views)
File Type: pdf SC CA No.1545 OF 2019-CHEQ.BOUNCED-IMPRISONMENT.pdf (128.7 KB, 5 views)
File Type: docx Supreme Court has convicted a person in cheque bounce case CA.NO.1545 of 2019.docx (13.3 KB, 4 views)

If there are couple of incidents of cheque bounce, and thereafter all EMI gone smooth, then visiting the branch and making re-structure of the loan would be an opportunity, subject to the acceptance of the branch manager, who will recommend their legal team to withdraw the case.
Once the branch removes the issue, the BGV or CIBIL would get normal in 30-45 days, without any dispute
Short cuts routes may offer escape for certain time but in long run it would get more painful.


Dear madam,
In my personal view, cheque bounce could be due to genuine financial inability to pay and need not be held against a prospective good candidate.
But apart from merits and demerits of the case, in given circumstances, you should do utmost effort to clear the loan by borrowing from some relative/friend and clear the hurdle.
We know you must be already trying but don't give up hope. Don't also get intimidated by the punitive aspects discussed here.
Regards,
Vinayak Nagarkar
HR and Employee Relation Consultant

From India, Mumbai

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