138 ni act has any impact in police verification for wbcs
TANMOY BANERJEE
(Querist) 20 May 2018
This query is : Resolved
right now I am going through settlement procedure with a bank regarding personal loan. and within 4 months bank will may be filed a case against me through 138 NI Act. I just want to know if i will crack WBCS in this year then shall I face any problem regarding this matter? Please help me by giving me a right guidence.
Guest
(Expert) 20 May 2018
Right now, you are not facing any such problem.
However, except in big frauds, in normal cheque bounce cases, banks won't file case under 138 NIA. They charge merely a nominal penalty by debiting the concerned accounts. They are interested in realization of their money only . When you are going through settlement procedure, you should not worry about that.
TANMOY BANERJEE
(Querist) 20 May 2018
Thank you sir for your valuable reply. But sir in case of personal loan banks were supposed to take three blank cheques from customer before the loan sanctioned. If banks not able to realize the money then what they do? Doesn't they file case under 138NIA? And please tell me if a customer not able to pay installment payment after how much time bank case file under 138NIA?
Guest
(Expert) 20 May 2018
What dates are shown on the cheques? If without date, that is their intention to make use only as a matter of last resort to implicate the drawer of cheques by use of section 138. But with no fixed time frame for that. Otherwise, their main activities are restricted only to realize the outstanding balance of loan by personal pursuit or through their collection agents.
Kumar Doab
(Expert) 21 May 2018
The lender/banker shall follow IT's internal SoP.
In case of credits the steps are watched by computer software's.
Noone may like to face reprimand or lose job due to any casual approach or transgression..
You have been categorically posting clear query ; what if case of 138 NIA is filed?
And that the case is going to be filed. Indicating you won't be able to pay EMI's for personal loan.
Have you been posted with clear answer!
Kumar Doab
(Expert) 21 May 2018
In your case IT entirely depends upon transactions between you, lender, recruiter.
Try to convince the lender; you alone will have to do IT.
The action shall start from lender if you don't pay.
Is IT not possible to pay EMI's!
T. Kalaiselvan, Advocate
(Expert) 21 May 2018
The banks take lenient view based on the customers' credentials.
In general, the banks intimate the customers about the default in repayment of loans and also gently warn them abut the consequences to their dignified customers and avoid pursuing the matter legally namely cheque bounce cases etc.
In fact they have lot of constraints to file cheque bounce cases against their customers, including permissions from their immediate bosses etc.
So if you talk to the bank manager, he may come to your rescue with some conditions for repayment.
Sudhir Kumar, Advocate
(Expert) 03 November 2019
Problem is there as long as criminal case is pending or you are acquitted on technical grounds /compounding etc.
SO you have to win this case.
