Cheating case- how to handle?
Dear Sirs, I had purchased a house thru home loan mortaged to a PSU bank in 2008 for Rs 19 lacs. I paid installments for few months only and then stopped paying the installment. After a year, i thought of selling the house and repay the loan. For this I had given POA to my brother for negotiating and selling the property. My Brother finalised a deal with one party (party X) for Rs 20 Lacs and got advance of Rs 14 Lacs also. He also got it registered to their name (dont know how it got registered when it is under mortgage). But later also , we did not pay any amount ot ht ebank against the loan obtained. Now recently, during Lok Adalat, order has been issue that Rs 25 lakhs has to paid within 4 months. Party X is asking me to clear the dues and make sure that they are rightfully given possession of the property. My question is
(1) What will be the jail term for my involvement as presently also I dont have money to repay the loan. Hence i think that the house will be confiscated by DBT and Party X will make a cheating case on me.
(2) The present value of property is around Rs 60 lacs. If we get Rs 40 lacs during auction and balance Rs 15 Lacs (after due amt of Rs 25 lacs is taken by the bank) is paid to party X, will my jail term be reduced or will it be considered favorably by the law ( as I am paying back the money I had cheated)
(3) I am presently working in a very senior position in a private company and paying around a Lac as IT alone. (I am not in a position to back the money as 60% of my salary goes away in EMI and I dont have any property in my name. Upon my arrest, even I willbe defaulting in other loans. So it will become more complicated for me !!
(4) In normal course, how long I will be kept arrested initially before i get bail? how long the case will proceed in lower court before i get the judgement?
My brother had used the money for family expenses only and he cannot be solely blamed for not paying the money got from Party X to the bank.