Proclaimed peson
Satya nand aggarwal
(Querist) 07 December 2014
This query is : Resolved
Accused under sec 138 is declared PO and the Property of P.O is attached under sec 82 and 83 cr.pc and ordered to be auctioned.
My query is
1. 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?
2. After sale money will go to state or to the complainant?
venkatesh Rao
(Expert) 07 December 2014
1. If the accused can prove that it was beyond his control to appear before court, and he did not evavde service of process etc., the court may raise the attachment and restore it to the accused.
2. The money will not go to the complainant; but goes to the state.