138 NI Act cases - whether property can be attached?

Ravi (Querist) 09 March 2010 This query is : Resolved
In 138 NI Act case, the accused has accepted and submitted to the court that he will pay the amount in 6 installments, which has been recorded by the court. It's already 2 months over and he has not paid a single installment. We submitted to the court and the court was pleased to issue NBW.
Now I want to know as the accused has already accepted the amount due to us, and in case if he is not having money to pay, can we have his property attached?

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Arvind Singh Chauhan (Expert) 09 March 2010
Property can not be attached, he only may be punished but court may order for compensation also.

Adinath@Avinash Patil (Expert) 10 March 2010
N.I. ACT SECTION 138 IS FOR PUNISHMENT AND COMPENSATION.

Ravi (Querist) 11 March 2010
I do agree that the NI Act 138 is for Punishment and compensation. But here the accused has already accepted to pay the amount before the court and then defaulted. At the most the court will issue NBW on our applicaion and then pronounce the order of payment and imprisonment. If he does not pay then he will imprisoned. But we will not get the amount. How to go about it?

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