Effect of section 25 payment and settlement act on government job Effect of section 25 payment and settlement act on government job

1 month ago

Hello respected sir /madam , I have been selected in bank as a government employee and my joining us within 2-3 weeks but I have one pending case of section 125 for pending emi . My police verification is within 2 months and the case next hearing date is July so does it affect my government job . Please suggest what to do? Do bank suspends me or what please suggest.

Anik

Responded 4 weeks ago

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A.Dear Client,

Section 25 of the Payment and Settlement Systems Act, 2007 stipulates that when an electronic transfer of funds fails due to insufficient funds or exceeding the payer's credit limit, the payer may face imprisonment for up to 2 years, a fine twice the amount of the transfer, or both. Dishonoring an electronic funds transfer is deemed a punishable offense under this section.

Moreover, the principle that suppression of material facts by a litigant disqualifies them from obtaining relief has evolved to prevent litigants from deceiving the court and abusing the legal process. Suppression of material facts is considered a criminal offense under the Indian Penal Code, with relevant sections ranging from 191 to 229.

Therefore, it's crucial to disclose all material facts truthfully, as suppression of such facts may have consequences, including potential impacts on police verification for government jobs, even if the suppression is later detected from any source.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
Section 25 of the Payment and Settlement Act 2007 is that when an electronic transfer of funds cannot be executed due to insufficient funds or if the amount to be executed exceeds the credit limit of the payer, then the payer is liable to be either imprisoned for 2 years or fined an amount which is twice the amount of the electronic fund's transfer or both. The Section provides that an act of dishonoring an electronic transfer of funds is a punishable offense. suppression of a material fact by a litigant disqualifies such litigant from obtaining any relief. This rule has evolved out of the need of the Courts to deter a litigant from abusing the process of the Court by deceiving it. Suppression of material facts is a criminal offense under the Indian Penal Code Chapter XI, and Sections 191 to 229 of IPC deal with the offense. So, suppression of material facts may potentially affect your police verification for Govt. jobs even if it is detected later on from any source.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
It is equivalent to cheque bounce case under Section 138 of NI Act. It is only a minor offence inviting minor punishment and between creditor and borrower. Police might not be having knowledge of this case even if known to them it is not Police case as such you may request the Police if they question you on this regard, not to mention about it or approach High Court.
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Vidhi Samaadhaan Vidhi Samaadhaan

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