Property attachment
kunhi marakkar
(Querist) 17 February 2025
This query is : Resolved
In 2002, a summons was issued against me for a cheque bouncing case. Since I could not appear in court, I was given a lawyer, but I was unable to file the case later. Since I was working abroad, I was unable to investigate later. Is that case still valid now? Can the petitioners attach the joint property that I am entitled to before the case is settled? Will the information of such an old case be available online?
T. Kalaiselvan, Advocate
(Expert) 17 February 2025
What is the status of the case, without knowing the status of the case no opinion can be rendered.
kavksatyanarayana
(Expert) 17 February 2025
Yes. Though you are abroad, you can contact any lawyer in India. I think you kept silent all these years to avoid the case, and now someone may remember it, and you are asking. If not you have to post the facts regarding the case.
P. Venu
(Expert) 17 February 2025
What do you mean by "Since I could not appear in court, I was given a lawyer, but I was unable to file the case later"?
Admittedly, you are the accused; Where is the question of filing a case?
In all probability, the case is still pending. Please ascertain the present status.
Dr. J C Vashista
(Expert) 18 February 2025
Facts posted are disjointed and vague.
Sudhir Kumar, Advocate
(Expert) 19 February 2025
Agreeingwith Dr Vashista, I will add as under :-
You had not been able to explain your problem. All that can be undersood that :-
1. There is a cheque bouncing case againt you( not known wther it is criminal cae or civil case also not know ehether it is accompanied by a charge of cheating as well)
2. You are not in India.
3. You have not defended despite free lawyer.
4. You have not followed the case.
5. You are worried about peril on your joint property.
If this is a criminal case and still and you are evading the process then most likely you are on wanted list in India.
If this is a civil case then it could be decided ex-parte in your absence as you are not defending.
In case the civil suit is decided against you they property(which includes your share in joint property) can be attached in satisfaction of debt.
In case it is criminal case and you are fugitive then property (which includes your share in joint property) can be attached as measure to compel appearance even when case is pending. If your share is not demarcated then all occupants of the property will have to vacate.
