Legal Question in Criminal Law in India

U/Sec 82 of Cr.P.C, in a Criminal Case if accused absconded, court may declare him as proclaimed offender.

U/Sec 83 of Cr.P.C, property of the Accused can be attached and with in 6 months if there is no claim the same can be sold.

U/sec 85 in case the accused represents the court within 2 years and if the court satisfies his version, court may the property or net proceeds of the sale will be restored and delivered.

The Act further says that the accused doesnot appear within the prescribed period, the property shall remain with the State Govt.

Chapter 32 of Cr.P.C - Irregular Proceedings - Sec 461 declares that certain proceedings void if the magistrate is not empowered by law to commit them. It is immeterial whether the proceedings were taken by him in good faith or an prejudice was caused to the accused : (i) attaches and sells property (sec 83) like xvii examples are there.

In my case I have filed a Sec 138 N.I.Act case and the accused is absconded since last 8 years and the property attached is lying idle. I understood that the accused is no more. In such cse, how can I get my cheque amount out of sale of the said attached property. Other fact is that the cheque value is Rs.50L and the worth of attached property is of Rs.1crore.

In case of Sale, only Govt will be benifited? It mean that I put efforts and beneficiery is the govt., According to principles of natural justice cann't I be paid my legal expenes, cheque amount out of the sale proceeds. I should not be penalised for not filing civil recovery suit for the vary reasons simultaneously with Cheque Bounce Case.

Kindly advise how I can recover my dues in the present case.

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