Advice on 138 ni act
dheer
(Querist) 16 May 2012
This query is : Resolved
Hi Experts,
I need one advice. Actully I bought one home last year(1 years back). I am the third party(I bought it from B and B bought it from A). A had one company which had businees with one company X. Now A issued cheques to X which was dishonoured and X filed a case against X under 138 NI Act last year. Court issued Non bailable Warrants against A but he did not present in court so now court issued 82 as A has absconded.Now my question is as I bought home indirectly from A and on 82 notice the same address is written, do I need to do something in this case like should I submit any affidevit in court that this person has sold his home and there is no relation of the home to this person A. Actully I had already given in written to cop who came for investigate that this person does not live here and I do not know him and I bought it from party B. Please advice whether I need to do anything in this case.
Thanks.
SAINATH DEVALLA
(Expert) 16 May 2012
Now that NBW is pending,the only option left with you is to locate that person
Nadeem Qureshi
(Expert) 16 May 2012
Dear Dheer
you can send a application to the police Commissioner or concerned Police station and inform them that the person who is accused in this matter is not living here and you are the purchaser, you purchase the flat from B. you can also file an application before court in which the matter is pending and approach to court not to issue any other order or warrant against this person at this address.
feel free to call
dheer
(Querist) 17 May 2012
Thanks a lot Nadeem sir,
Whenever any agent on the order of court comes we simply write on paper that we do not know this person A whose against this warrant is issued and we bought it from B.I actully do not know this person A.Is this not sufficient? Will it not be the wrong impression if I go to court and submit any affidevit? Actully court has issued 82 against A and I am fear whether court can issue 83 or not which is attachment of the property. The company X which filed this case against A knows that this property has already been sold.Please advice.
Thanks a lot.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 May 2012
If property records are updated it is alright otherwise you have to prove your rights on property in court to avoid attachment.
Shonee Kapoor
(Expert) 17 May 2012
I agree with JSDN.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R Trivedi
(Expert) 18 May 2012
property Transfer: A to B and then from B to you.
So why are you bothered about any notice which has come on your address with A's name marked on it ? If property papers are fine and in your name then you do not bother at all on your own. Keep the papers ready in case you need to show to someone, who may investigate, on your own you need not file any application.
dheer
(Querist) 21 May 2012
Thanks a lot Trivedi sir, I got your point, all the property papers are on my name and I am paying house tax, electricity etc all.
JSDN sir and Shonee sir,
I am a little confuse in sentence "If property records are updated". You mean sale registry etc, if yes then yes, it is all done.
Thanks a lot all experts.
dheer
(Querist) 23 May 2012
Hi JSDN sir,
I am waiting for your reply on "If property records are updated". You mean sale deed, house tax, electricity bills etc, yes it is all on my name and I have already given it in written to court agent who came for the execution of the warrant. Thanks.
