Sanjaycase (service) 19 February 2015
This is for the 138 case in progress. I know the PAN number of the accused. I wanted to find the property information of the accused. This is for the future to attach the property of the accused.
Is there a way I can approach Tax department and request for information such as account and property details based on letter from court ?
If that is not allowed please suggest the mechanism to be used to find property information. Spying is not practical for me.
vivek malhotra (Advocate) 19 February 2015
In 138 of N.I Act. There is not provision of attachment of property. Judge will only grant compensation and punishment. If the accused does not pay the compensation, he will only enhance the punishment.
ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com ) 19 February 2015
First you win the case , if properly contested even in lower court it is not easy to win.
Thereafter there will be revision and higher court will grant stay and if proper legal points are shown there may not be any conditions also for stay.
So first try to come out from all this which will take years.
Meanwhile the Govt is planning changes in cheque law by introducing arbitration first. Here any award will be only on mutual acceptable terms.
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