Cheque bounce case, accuse not replying to court notice

644 votes

Hello,

No. His land property cannot be attached in the present cheque bounce case. Your lawyer is correct in asking you to file a civil case. File a money recovery suit under CPC and seek attachment of the accused's (Defendant in the money recovery suit) immovable property before the judgement in the case. Please note that obtaining attachment before judgement is not that easy as you may need to produce title documents and encumbrance certificate of the accused. If your lawyer does well, you can get the order of attachment.

Advocate B. Srikiran LawRato

704 votes

Dear Client,
Yes, you can proceed against the property of the accused without filing civil suit as stated by you lawyer. You must file a petition before magistrate before which the above said cheque bounce case was filed for attachment of property of accused for revenue recovery. I am here with giving model petition under Cr.P.C. for reference.

IN THE COURT OF THE 2ND METROPOLITAN MAGISTRATE : VIJAYAWADA :
Crl.M.P.NO: /2017.
IN
C.C.NO: /2010.
Between :-
------name of the party, S/o -------------------------Hindu, aged 40,
Properties, D.NO : --------, Ashok Nagar, Vijayawada – 520 007,
Within the limits of Autonagar Police Station, Vijayawada. ….. Petitioner/Complainant.
and
--------name of the opposite party, S/o-------------- , Hindu,
Aged about 50 years, business, R/o House NO : 1, Boyapati
Mansion, Seetarampuram, Vijayawada – 520 004, Within the
limits of Machavaram Police Station, Vijayawada. ….. Accused.
PETITION FILED ON BEHALF OF THE PETITIONER/COMPLAINANT UNDER SECTION: 89 OF THE CODE OF CRIMINAL PROCEDURE :
1. Respectfully submitted that the above case stands posted to today for payment of N.B.W.
Process. It is further submitted that the accused screened his whereabouts and I have
paid N.B.W. Process number of times and Police Authorities searching for the accused.
But till now she could not be traced.

2. It is further submitted that the petitioner will get executed the N.B.W. through the Police
Authorities whenever the accused traced. Till then the above case may have ordered to be
turns into a Long Pending Case for procurement of presence of accused, punishment of
accused and revenue recovery from the estate of accused to the tune of the dishonoured
cheque amount.

3. Hence, the petitioner prays that the Hon`ble Court may be pleased order the above case
to turns into a Long Pending Case in the interests of justice and equity.

Be, pleased to consider,

Petitioner/Accused,

Vijayawada, Advocate for Petitioner/Accused.
27-4-2017.

------------
Petitioner/Accused.

IN THE COURT OF THE 2ND METROPOLITAN
MAGISTRATE : : VIJAYAWADA :

Crl.M.P.NO: /2017.
IN
C.C.NO: /2010.




FILED FOR PETITIONER :


1. Petition under Section : 89 of Cr.P.C.








Filed by :


Advocate for Complainant :

Advocate Sistla Rama Krishna LawRato

573 votes

sir,
cheque bounce case is a criminal case, where in, the accuse will be arrested for fraud, here he gave you the cheque with insufficient funds in his account, it amounts to crime, he will be punishable for such crime, but not for the amount, these cases are filed under section 138 of Negotiable Instrument Act. In this case property cannot be attached, for that you have to file separate civil case for recovery of amount.

Advocate G Geetha Rani LawRato