Ni act 138

lilly lilly (Querist) 18 January 2016 This query is : Resolved
sir,
i am a practicing doctor,,one person filed a NI ACT 138 case against me for 90000/- cheque...
what will happen to my career if i prove to be convict in court of law?
will it affect my career?
will it impact my MCI registration and practice?

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Guest (Expert) 18 January 2016
NI Act Cases got Nothing to do with MCI.Better avoid Such things to save your Reputation.

ROHIT SHARMA (Expert) 18 January 2016
1. If you are convicted then perhaps your detention in jail will jeopardize recognition of your M.C.I. affiliation unless the bye laws of M.C.I. do not have any such restriction imposed on the practice after release of the convict upon the completion of the tenure of such punishment.
2. But why should you be apprehending conviction ? This is what is to be worked upon as how best you can escape from such punishment u/s 138 of N.I.Act.

Rajendra K Goyal (Expert) 18 January 2016
Better try to have settlement. try to avoid conviction.

Devajyoti Barman (Expert) 18 January 2016
In 138 NI Act case penalty is mostly done and the conviction is mostly for few months only.
The conviction is of little consideration in job in private sector but damaging enough in your reputation.
So if you indeed owe him money then settle with him out of court.

advocatepassy@gmail.com 971794 (Expert) 18 January 2016
Usually fine is imposed but in rare case jail could also be awarded as it is a criminal offence now. Try to tell the court that you are ready to pay with interest and matter will be settled

P. Venu (Expert) 19 January 2016
The complaint could be compromised or got compounded. However, there is no need to rush to compromise if you have a good defense.

SAINATH DEVALLA (Expert) 19 January 2016
I sail with the views of Adv Venu

ABDUL RAZIQUE (Expert) 23 January 2016
If you are defaulter then compromise policy is better if not then defense the matter by an expert and do not take it easy.