Ip ,cheque bounce and property on spouse

There is no provision in law to attach the house property in a cheque bounce case filed under section 138 NI act even if the house is on his name.

The cheque bounce case has nothing to do with his insolvency case , hence you may have to proceed with the cheque bounce case itself

In India, the answer is a bit complex. Here's a simplified explanation:

*Cheque Bounce Case:*

- Under Section 138 of the Negotiable Instruments Act, 1881, the accused (drawer of the cheque) is liable for punishment.

- The property in the name of the spouse cannot be attached directly in a cheque bounce case.

- However, if the court finds that the accused has willfully defaulted on the payment, the court may order attachment of the accused's properties, including those in the name of the spouse, under Section 141 of the Negotiable Instruments Act.

*Insolvency and Bankruptcy (IP) Case:*

- Under the Insolvency and Bankruptcy Code, 2016 (IBC), the resolution professional may attach properties of the debtor (including those in the name of the spouse) if they are considered assets of the debtor.

- However, the IBC provides some protection to the spouse's properties under Section 238, which states that the resolution professional shall not take possession of properties that are solely in the name of the spouse or are exempt under other laws.

To attach a property in the name of the spouse in either case, the court or resolution professional must establish a clear connection between the property and the accused/debtor's assets. Additionally, the spouse's rights and interests in the property must be considered.

Please consult with a legal expert specializing in criminal law, insolvency, and bankruptcy to get specific guidance on your situation.

Yes, no definite suggestion is possible unless the documents are perused and issues discussed.