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madhu mittal (director)     07 September 2013

Criminal/civil action against financer if correspondence wit

NBFC/financer gave a loan of Rs. 100000/-  to be repaid in 36 installments by 36 post dated cheques an employee of BSNL, Jaipur on the basis of undertaking given by BSNL that if the cheque of employee/borrower is returned unpaid, the amount of unpaid cheque of installment will be deducted from the salary and sent to NBFC. When the cheques kept on returning, some regd letters were sent to BSNL for deduction of amount of unpaid cheques, but no reply was sent, and in the meantime some installments were also paid by the borrower and this kept on going. But in June 2013, a reply was sent by BSNL that the undertaking was not issued by the department and the concerned employee/borrower was transfered to BSNL, Sikar in January 2013, recovery should be done at your level.

When a registered letter was sent to borrower/employee at Sikar asking whether he has taken loan on forged undertaking, it was got back undelivered marking there is no such sendee by the Post Office Dept. Now two  Regd letter was sent to BSNL Jaipur, those were replied telling same thing that Department did not issue the undertaking and this is being denied  third time to you. At the same time BSNL Authority on telephone told NBFC that if you further sent letter to us, we will take action against you.

 AT the time of giving loan to borrower/employee, the undertaking was not got verified from the department. But on the back of undertaking, it was got written in the handwriting of borrower “ The undertaking is given by Mr. X and Mr. X is authorized to give this undertaking.

 Now Please let me know whether if NBFC does further correspondence with the BSNL, Jaipur, whether the department can take any criminal/civil action against NBFC if NBFC further writes to BSNL, Jaipur, “if the undertaking was not issued by your department, you(BSNL) should file FIR for forging undertaking against your employee and copy of that forwarded to NBFC or get deducted the amount and sent to NBFC. Simply denying is not enough.”


 7 Replies

R.K Nanda (Advocate)     08 September 2013

yes, BSNL can take both actions against NBFC.

1 Like

madhu mittal (director)     08 September 2013

Respected Sir,

Let me know under which sections.

Sudhir Kumar, Advocate (Advocate)     09 September 2013

against employee by BSNL

  • he has exhibited lack of integrity by forging the undertaking and Govt employee is required to maintain absolute integrity (even in private life)
  • such employees generally do not report a having taken a loan as required as per conduct rules.

BSNL cannot file any FOR against him .

Sudhir Kumar, Advocate (Advocate)     09 September 2013

against NBFC by BSNL

nothing they can do. NBFC is only seeking his present whereabouts.

1 Like

Sudhir Kumar, Advocate (Advocate)     09 September 2013

against employee by NBFL


  • loan cancellation
  • action u/s 138 asand when cheque is bounced.
  • FIR for securitng loan on the basis of forged undertaking.
1 Like

madhu mittal (director)     10 September 2013

Respected Sir Sudhir kumar ji,

Thanks for reply my query.

Respected Sir R.K.Nanda ji,

Please Let me know under which sections/provision of law, how can BSNL  take both actions against NBFC. I always have gained a lot  by acting on the advise of learned members of this forum,  this time advise from the two learned persons are contrary. So before acting upon the advise, I also want to clear from the learned person like you how BSNL can take both actions against NBFC. Please reply. 

Sudhir Kumar, Advocate (Advocate)     10 September 2013

parallel query at

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