I have a personal loan in my name, and a few checks were bounced at the beginning. The 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 joined an MNC last year, and within one month, I was asked to leave, stating the BGV failed due to the case. HR gave me one week to clear the case, which was obviously impossible. If MNCs don't hire a person based on such a case, how is the person supposed to earn? Can anyone suggest good-paying BPOs that would hire me despite this case? I have been jobless for the last 5 months due to COVID-19.
From India, Pune
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From India, Pune
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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 and experience. Moreover, improving CIBIL credit rating is also an important factor. We have no quick-fix solutions to your problems described in your post.
From India, Bangalore
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1271I 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 and experience. Moreover, improving CIBIL credit rating is also an important factor. We have no quick-fix solutions to your problems described in your post.
From India, Bangalore
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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 in court, if an employee is told to quit the employment, then it is a misplaced grandstanding.
Look at our lawmakers. One-third of our legislators or parliamentarians are accused with criminal charges. A person can contest an election, make laws for the country, but being unable to secure employment in a private organization is a travesty of democracy.
I recommend you apply for jobs where a background check is not a serious issue. There are many opportunities in the fields of supply chain management or warehouse management. You may consider applying for those positions.
Thanks,
Dinesh Divekar
From India, Bangalore
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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 in court, if an employee is told to quit the employment, then it is a misplaced grandstanding.
Look at our lawmakers. One-third of our legislators or parliamentarians are accused with criminal charges. A person can contest an election, make laws for the country, but being unable to secure employment in a private organization is a travesty of democracy.
I recommend you apply for jobs where a background check is not a serious issue. There are many opportunities in the fields of supply chain management or warehouse management. You may consider applying for those positions.
Thanks,
Dinesh Divekar
From India, Bangalore
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Hi Nisha,
I may add, the case of 'Cheque bounced' is a serious issue which will be dealt with in a time-bound manner. When proved guilty of the offence under sec. 138 of the Negotiable Instruments Act, according to Section 138 of the Act, the dishonor of a cheque is a criminal offense punishable by imprisonment up to two years, a monetary penalty, or both. If the payee decides to proceed legally, then the drawer (you) will be given a chance to repay the cheque amount immediately, which is the only way to save yourself. I'm sure you know that. There is a danger of imprisonment looming large. Please hurry up and give top priority to save yourself from this ignominy.
From India, Bangalore
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I may add, the case of 'Cheque bounced' is a serious issue which will be dealt with in a time-bound manner. When proved guilty of the offence under sec. 138 of the Negotiable Instruments Act, according to Section 138 of the Act, the dishonor of a cheque is a criminal offense punishable by imprisonment up to two years, a monetary penalty, or both. If the payee decides to proceed legally, then the drawer (you) will be given a chance to repay the cheque amount immediately, which is the only way to save yourself. I'm sure you know that. There is a danger of imprisonment looming large. Please hurry up and give top priority to save yourself from this ignominy.
From India, Bangalore
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Dear team members,
While honoring 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 a criminal offense.
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
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While honoring 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 a criminal offense.
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
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As an addendum to my earlier post, the subject matter appeared in "The Financial Express" dated June 12, 2020.
From India, Aizawl
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From India, Aizawl
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Yes, a cheque-bounce case is a criminal offense, but it cannot be said to involve 'moral turpitude.' 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. Currently, the punishment is restricted to a fine and imprisonment until the rising of the court.
From India, Kochi
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Moreover, it is seldom that the accused in a cheque bounce case is punished with imprisonment. Currently, the punishment is restricted to a fine and imprisonment until the rising of the court.
From India, Kochi
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Dear colleagues,
To my knowledge, sec.138 of the Negotiable Instruments Act, criminalizing and associated imprisonment of those found guilty has not been done away with so far. Although the Government of India proposed certain amendments to address this issue, it remains unchanged. Circumstances may vary, but the fact remains that it is still a punishable offense. The Supreme Court also issued a judgment as recently as October 2019, ordering the obligor to either pay more than double the amount owed plus costs/damages or face imprisonment. Copies of relevant extracts and opinions are attached for reference.
From my own experience, I, as the head of finance, had to file around 20 such cases in trial courts during 2012, and all of them are still pending with no progress towards resolution. It is also reported that there are over 300,000 cases awaiting disposal in various courts, highlighting the current state of legal administration in the country. Despite the efforts of law enforcement authorities to reduce delays, there has been no significant improvement. While this issue may not directly relate to the topic under discussion, it could be one of the factors hindering opportunities, and therefore, it should be resolved promptly.
Thank you.
From India, Bangalore
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To my knowledge, sec.138 of the Negotiable Instruments Act, criminalizing and associated imprisonment of those found guilty has not been done away with so far. Although the Government of India proposed certain amendments to address this issue, it remains unchanged. Circumstances may vary, but the fact remains that it is still a punishable offense. The Supreme Court also issued a judgment as recently as October 2019, ordering the obligor to either pay more than double the amount owed plus costs/damages or face imprisonment. Copies of relevant extracts and opinions are attached for reference.
From my own experience, I, as the head of finance, had to file around 20 such cases in trial courts during 2012, and all of them are still pending with no progress towards resolution. It is also reported that there are over 300,000 cases awaiting disposal in various courts, highlighting the current state of legal administration in the country. Despite the efforts of law enforcement authorities to reduce delays, there has been no significant improvement. While this issue may not directly relate to the topic under discussion, it could be one of the factors hindering opportunities, and therefore, it should be resolved promptly.
Thank you.
From India, Bangalore
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If there are a couple of incidents of cheque bounce, and thereafter all EMIs go smoothly, then visiting the branch and restructuring the loan would be an opportunity, subject to the acceptance of the branch manager. The branch manager will recommend their legal team to withdraw the case. Once the branch resolves the issue, the BGV or CIBIL will return to normal within 30-45 days without any dispute.
Taking shortcuts may offer temporary relief, but in the long run, it can lead to more significant challenges and complications.
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Taking shortcuts may offer temporary relief, but in the long run, it can lead to more significant challenges and complications.
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Dear Madam,
In my personal view, a cheque bounce could be due to genuine financial inability to pay and need not be held against a prospective good candidate. But apart from the merits and demerits of the case, in the given circumstances, you should make utmost efforts to clear the loan by borrowing from a relative or friend and clear the hurdle. We know you must already be trying, but don't give up hope. Also, don't get intimidated by the punitive aspects discussed here.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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In my personal view, a cheque bounce could be due to genuine financial inability to pay and need not be held against a prospective good candidate. But apart from the merits and demerits of the case, in the given circumstances, you should make utmost efforts to clear the loan by borrowing from a relative or friend and clear the hurdle. We know you must already be trying, but don't give up hope. Also, don't get intimidated by the punitive aspects discussed here.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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