The court has passed the order that
Accused shall pay 15% amount of the disputed cheque amount to the complainant by way of interim compensation within 60 days from today.
The accused disregarded the order and so the judge passed below
Complainant present with Advocate Accused absent Advocate present Exh. 20 Application for exemption of accused- allowed Exh. 21 order passed-issue attachment warrant of immovable property Adj. For warrant report
now we dont know what property accussed has and the lawyer says
we mentioned the matter in the Court today as the Judge had ordered Attachment of Immovable Properties.....Judge is saying that you should try and find out if there is any Immovable Property in his name till next date....As the chances of Recovery is high and the Process also simple in Attachment of Immovable Property....you just have to take the Distress Warrant to the Collector's Office for Execution
Judge has said that if you're not able to find any Property in the name of the Accused till next date then he'll make an Order for Attachment of Movable Property.....As the Process here is a little complicated one.....you will have to take the Warrant first to the District Magistrate in the Court having Jurisdiction in the place of the Accused....After the Endorsement of that Particular District Magistrate, he'll have to take the same to the relevant Police Station for Execution....And getting the work done from the Police is another tedious Process
so now my question is if there any chance to recover the mnoney that we paid in white here it seems that the law is asking us to find the property but obviously we dont know what accuse has on his name this was a business deal buying a land parcel that accused did a fraud and we paid in white so accused gave us the cheque back and it bounced 3 times. we have spend almost 1lakh on lawyer to recover 6.5 lacs in the hope that we get the justice but here money and time both are being lost in addition plus the accused is conveniently sitting at his home and hardly showing up in court. what should be the next step
to forget the money and discard the case
to find cheap lawyer
to continue with current lawyer
or any better suggestion to recover ? we dont have possibility to recover it seems as the lawyer says.
this is a case in mumbai city
