Outcome of filing application U/S 83 CRPC

rajan chopra (Querist) 24 June 2015 This query is : Resolved
Sir an accused has been declared proclaimed offender in a cheque bounce case filed by me.Now if I file an application u/s 83 crpc for the attachment of the property of proclaimed person then in that case will property go to state or after sale my dues be cleared?

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Jeetender Gupta (Expert) 25 June 2015
Criminal courts as such are not a recovery court. Attachment U/s 83 is primarily to compel appearance of accused & to prevent alienation of accused property for purpose of fleeing or otherwise.

rajan chopra (Querist) 25 June 2015
Sir then should I file civil suit to recover my money and application u/o 38 R 5 CPC for preventing the defendant to crest any 3rd party charge on the land?

Rajendra K Goyal (Expert) 25 June 2015
You may file civil suit for recovery.

Anand Bali Adv. (Expert) 16 July 2015
You file a suit for recovery on the respondent and mention in the court that his properties are detailed as 1,2,3, and only after adopting the alternate procedure of service of summons (In case of a proclaimed Offender, as has been declared by the criminal court MM)the court will pass exparty order and for it's execution of 3rd party Order you can go ahead for attachment of the property of the respondent and by its auction recover your claim.
Please note the Criminal courts are not recovery courts.

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