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negotiable insturment act

(Querist) 09 February 2009 This query is : Resolved 
Complaint u/s 138 is pending against the accused.court declared po to the accused. now can complainant go for attachement of movable property of the accused? if yes under which provision.can we attache movable property or not.
PALNITKAR V.V. (Expert) 10 February 2009
If you mean that the accused is absconding,his property can be attached. See following provision as well as Sec. 84 of Cr. P.C

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:
RAKHI BUDHIRAJA ADVOCATE (Expert) 10 February 2009
Mr. Planitkar is absolutely right. I do agree with my Ld. Friend.
A. A. JOSE (Expert) 10 February 2009
I endorse fully the view above.
Ravi Arora (Expert) 11 February 2009
agreed with my ld. friends


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