Attachment of property in 138 ni act

This query is : Resolved 
 

(Querist)
28 March 2012

acc to crpc U/sec 82 and 83 if any accused abscond from the court proceeding and not appear in the court at the date of hearing from long time he shall be PO and 83 sec of CrPc said after that the court can attach his property.my Q is that,is this applicable in 138 NI act?


Adv.R.P.Chugh (Expert)
28 March 2012

Yes, it's applicable. under Section 82 first a person would be declared a Proclaimed Offender if the court finds that he has failed to respond to BW/NBWs or has RTB that the person is about to abscond and is not likely to come to the court - he can be so declared after giving 30 days notice to him. Simultaneously u/s 83 his property can also be attached on satisfaction of certain conditions or after issue of proclamation.

Shonee Kapoor (Expert)
28 March 2012

Agreed with Ld. Chugh.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Deepak Nair (Expert)
28 March 2012

Yes. Applicable.

R.K Nanda (Expert)
Click to Talk
28 March 2012

Yes, it is applicable.

raj kumar makkad (Expert)
29 March 2012

Legally it is applicable in the given facts.

adv. rajeev ( rajoo ) (Expert)
29 March 2012

yes property can be attached after declaring accused as an absconding offender.

V R SHROFF (Expert)
29 March 2012

yes property attachment of absconding accused in 138 NI ACT applicable.


I endorse the views of experts.

SAINATH DEVALLA (Expert)
Click to Talk
29 March 2012

Dear Jatin,

Actually when the accused is not attending the proceedings regulary,the magistrate can demand for surity,as he is termed as a proclaimed offender,and a NBW too can be issued.Hence property of the accused can be attached according to section 83 crpc.

Find below the section:

83. Attachment of property of person absconding.

(1) The court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:

Provided that where at the time of the issue of the proclamation the court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,
(a) is about to dispose of the whole or any part of his property, or

(b) is about to remove the whole or any part of his property from the local jurisdiction of the court,

It may order the attachment simultaneously with the issue of the proclamation. ll authorize the attachment of any property belonging to such person within the district in which it is made; and it shall authorize the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.


(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made-

(a) by seizure; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the court thinks fit.

(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the collector of' the district in which the land is situate, and in all other cases-

(a) by taking possessions or

(b) by the appointment of' a receiver; or

(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.

(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the court.



(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).














DEFENSE ADVOCATE.-firmaction@g (Expert)
29 March 2012

Cheque law is a civil claim but given procedure of summons criminal trial so always there is hurry by all court to close the case this way or that.

Even for issue of NBW there are stringent directions now by SC issued in SEP 2011 and have to come in force in all courts., for criminal cases.

So you have to first exhaust all the efforts to locate the accused .

venkatesh Rao (Expert)
29 March 2012

It applies to all cases triable under Cr.P.C.

jatin sharma (Querist)
29 March 2012

thanks to all


You are welcome.

Shonee Kapoor (Expert)
30 March 2012

never mention

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com



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