attachment of property (cheque bounce)

Querist : Anonymous (Querist) 23 February 2010 This query is : Resolved
i lent money to friend who was in urgent need he issued post dated cheques which bounced (i haid borrowed money to give him the loan in good faith) i wanted to attach his property although i dont know address or survey number is there any procedure to know property held by him please help

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ad. creaminall (Expert) 23 February 2010
you cannot attached his property directly. taccording to me the better way is that, you should file a complaint u/s. 138 of N. I. Act and symulteneously you should file a civil (SUmmary)suit for recovery of your amount. it is littlebit difficult but possible to findout the survey no of the property from the location/area where the property is situated.

B K Raghavendra Rao (Expert) 23 February 2010
You have two options:

1. If not time barred, present the cheque, if it bounces, issue legal notice and then file a complaint in the Magistrate's Court in accordance with Section 138 of NI Act.

2. You may file a money recover suit and seek attachment of his immovable property before judgement. However, obtaining ABJ (attachment before judgement) is not easy. You need to produce documents of title of the borrower and encumbrance certificate. You should also show urgency for such an attachment.

Parveen Kr. Aggarwal (Expert) 23 February 2010

Without having particulars of property of the borrower, you cannot get them attached.

Ashok Yadav (Expert) 24 February 2010
I am agree with Mr. Rao

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