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.