In ni act case

vamsi (Querist) 10 April 2018 This query is : Resolved
Respected Advocates,
In one NI Act Case, i filed a suit on promissory note with attachment of the defendant property. court given the urgent notice and attached the defendant property. in mean time the defendant approached the court and given third party property as security and his property is removed from attachment. while the suit continues the defendant is sold his property. the suit is ordered in my favor. similarly i filed cheque bounce case against the defendant. due to this process the court issued nbw against the accused but he is not available for arrest. in this situation can i ask the court for attach the third party security which is attached in the promissory note suit under section 83 of cr.p.c. is it valid or not. what are the other remedies to claim the cheque amount. please advise me. thank you

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rajeev sharma (Expert) 11 April 2018
You are a lawyer even then you are not able to put your facts correctly. You are intermingling the facts and remedy of two cases of different nature. One is a civil suit and other is criminal case. However you may use the facts of one case as evidence in another suit.

vamsi (Querist) 12 April 2018
can i claim the cheque amount trough the attachment of the scheduled property given by the third person in the suit for the cheque bounce case or not? if not possible what is the remedy for this?

rajeev sharma (Expert) 12 April 2018
whether the suit has been filed for recovery of money ? No attachment may be asked in N I case.

vamsi (Querist) 16 May 2018
i filed the suit for recovery of money on the basis of promissory note, regarding this i filed the cheque bounce case. suit was ordered in my favor. i could not file EP till now.

rajeev sharma (Expert) 16 May 2018
you are not clear again. it you filed two separate matter one criminal complaint for bouncing of cheque and other recovery suit on the basis of promissory note.now in which order in your favour was passed? If it is in cheque bouncing case then the this order may be used as evidence in civil suit for recovery. File it with list of documents.