regarding attachment of property under section 83 crpc
varinder
(Querist) 09 August 2013
This query is : Resolved
the honorable court had declare proclamation to the accused under 138 negotiable instrument act by last 6 month passed. kindly let me know how the accused property will be attached under section 83 crpc do give me guideline what to do to attach the accused property under section 83 crpc along with judgement of court.
ajay sethi
(Expert) 10 August 2013
do you have the details of property owned by the accused . find out said details and furnish the same to your lawyer . if proclamation has been issued 6 months back and accused has absconded the court will on application made by complainant attach his property
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 August 2013
NI 138 is just summons case and complainant in hurry takes steps like proclamation attachment which further delays the trial.
1) First you have to produce evidence for ownership of any property.
2) Than any third person can appear and take objection for attachment, for which enquiry is mandatory.
3) All this process will take long long time and at the last stage even if the accused appears , all attachments will be lifted.
SO WITH HEAVY COST WHAT IS ACHIEVED JUST UNLIMITED TIME FOR THE ACCUSED TO APPEAR AND LONG DELAY FOR TRIAL OF THE CASE.
ajay sethi
(Expert) 10 August 2013
better file a summary suit for recovery of your money or you will find after 3 years your claim is barred by limitation
varinder
(Querist) 10 August 2013
give me the format petition under 83crpc which is to be file before the honorable court.
varinder
(Querist) 10 August 2013
kindly give me petition format which is to be file before honorable court for the attachment of property under section 83 crpc
