Possession under sarfeasi act and case under 138 N.I. act for same mon

18-Aug-2023 (In Cheque Bounce Law)
Mene bank se house loan liya hai aur starting mein kuch blank cheque pe sign liye the bank ne guarantee ke liye. Mein loan wapis nhi kar paya aur bank ne mera ghar possession me le liya under sarfaesi act. Aur ek cheque mere account me lagaya .. mere account me paise nhi the toh wo bounce ho gaya. Bank ne mujh par 138 N.I. act ke u der case file kiya hai. Meri propery bank ke paas hai auction hone lagi hai mere paas emi dene ka paise nhi hai abhi . Mein bank ko keh raha hu ki ghar bech ke paise recover karwa de aur 138 ka case khatam kar de. Kya 138 ka case maintainble hai kya mein high court me application dekar ise khariz karwa sakta hu? Please help
Answers (1)

Answer #1
706 votes
See we can always file petition under section 482 Crpc before High Court for quashing keeping in mind the facts that vary case to case. In your case yes it is a good case to file petition under section 482 before High court.

JS Gill

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