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Auction of attached proeprty of proclaimed person

(Querist) 29 November 2014 This query is : Resolved 
Accused under sec 138 is declared PO and the Property of P.O declared under section 138 of N.I.act is attached under sec 82 and 83 cr.pc in separate application moved by the complainant. Now My query is
1. Whether it can be sold if yes how much time to wait for auction?
2. If property is sold and after some time accused comes to the court and contest the case and ultimately acquitted , what will happen to the auctioned property?
ROHIT SHARMA (Expert) 29 November 2014
1. If the decree of the attachment is made out by the court then the attached property can be auctioned by the court and the money recovered and paid to the complainant. After this process is dine then the accused cannot have ground to stay the decree or the auction.
ajay sethi (Expert) 29 November 2014
agree with MR sharma
Satya nand aggarwal (Querist) 29 November 2014
THANKS A LOT
please GO THROUGH MY QUERY AND PLEASE REPLY ONE BY ONE as the procedure undersection 82 and 83 cr pc is differfent
. Whether it can be sold if yes how much time to wait for auction from the date attachment ?
2. If property is sold and after some time accused comes to the court and contest the case and ultimately acquitted , what will happen to the auctioned property?
3. After sale money will go to state or to the complainant?


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