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attachment can done against guarantor cheque bounce


06-Mar-2023 (In Cheque Bounce Law)
can we attach hypothecated property of the guarantor, if his cheque bounce<
Answers (2)

Answer #1
975 votes
In case it is a criminal case there is no liability cast upon the guarantor whatsoever. However in the civil case the guarantor is also liable to repay the default amount along with the principal debtor. Hence make yourself clear whether criminal case is pending or civil cases pending for effective advice thank you.
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Answer #2
513 votes
you will need to file a money suit in the civil court for attachment of property. You can file a ABJ petition for the same along with the money suit. You cannot seek for attachment in 138 NI Act cases.
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