Patna HC Sets Aside Attachment Of Wife’s Flat In Husband’s Cheque Case, Finding It Was Her Exclusive Property

A complaint was filed against the petitioner’s husband, Rakesh Agrawal, alleging dishonour of a cheque for ₹3 lakh.

The Magistrate took cognizance under Sections 420 and 406 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

In connection with proceedings under Sections 82 and 83 of the Code of Criminal Procedure, 1973, the petitioner’s flat was attached and steps were taken to restrain its sale, on the understanding that it belonged to her husband.

The petitioner sought to set aside the order, relying on a registered sale deed dated 19 January 1998 showing that she had purchased the flat in her own name.

She also submitted that the flat described as being on the third floor was, under the sale deed, on the second floor, and that her husband owned no flat in the building.

The order under challenge arose from process issued under Sections 82 and 83 of the Code of Criminal Procedure, 1973.

The underlying complaint concerned alleged offences under Sections 420 and 406 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

The judgment did not cite or discuss any precedent or formulate a broader legal test; it resolved the challenge on the basis of the registered sale deed and the finding that the flat was the petitioner’s exclusive property.

The Court considered the registered sale deed, which identified the petitioner as the purchaser of the flat, and accepted that it was unimpeachable documentary evidence of her exclusive ownership.

It found that the flat had been treated as the accused husband’s property under a mistaken impression, resulting in attachment and restraint on sale.

On that basis, the Court concluded that the impugned order could not stand insofar as it affected the petitioner’s flat.

It directed that a copy of the judgment be sent to the trial court forthwith.