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Harish Kumar (not working)     28 October 2012

Cheque bounce, attachment

Dear Experts,

 

I am Harish Kumar, a cheque was issued to me by once called friend with a written statement on Rs. 20/- non-judiciary stamp paper that explains the cheque is issued in discharge of debt or liability and will be honored.  And the cheque has not been honored and returned twice, and he has changed his mobile number and locked his house and hiding away now.  A notice has been sent to his and his uncle's last correct known address, he did not collect the notice and his uncle rejected it and a case has been filed under section 138 NI as deemed served.  He and his mother have an asset (land of 5 acres) which they planned to sell (Rs. 50,000/- taken as a token of advance) and are now planning to file insolvency petition immediately after the land registration process is done. Can it be attached as security? And the sale is stopped till he pays me?

 

So please tell me what can be done in this regard.

 

Thanks,

 

Harish Kumar



Learning

 1 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     28 October 2012

Sale can not be stopped.

Getting judgment in cheque is a long process, just because you have filed the case does not give you any rights.

More over it is a criminal case for punishement and not for recovery of money.


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