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Court have right to pay of petitioner by selling property of accused


17-Jan-2023 (In Cheque Bounce Law)
1.What is accused does not have money to pay even if he is proven guilty under 138. 2.If accused has some kind of property with his name..does court has legal right to pay for pitisioner by selling accused property??
Answers (4)

Answer #1
898 votes
Under section 421 CrPc court can recovery fine (in 138 cases there is fine and in default there is imprisonment) by way of selling property like it does in decree execution cases. You can file application under 421 CrPc if there is fine in sentence.
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Advocate Imran Ali

Adv. Imran Ali

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Answer #2
646 votes
After conviction court will send accused in jail and if accused does not have money to pay compensation as per order of court the court will send reimburse the amount by execution of moveable and immovable property in his name.
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Advocate Avnish Sharma

Adv. Avnish Sharma

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Answer #3
797 votes
Hi, Regarding your query, there are various actions that can be carried out. If the accused is not appearing before court, then after serving him appropriately he will be ultimately declared a proclaimed offender. In that instance under the relevant sections of the crpc his property can be attached. You may also institute a civil suit for attachment of property for recovery of your investment. He is also liable to serve the appropriate jail term for non payment. Do let me know if you have clarifications.
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Advocate Anuj Nair

Adv. Anuj Nair

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Answer #4
814 votes
Hello! With reference to the above query, the Court does not have any power to sell off the property of the accused in case of his insolvency. The accused will be awarded sentence of imprisonment for default in payment of fine.
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Advocate Binisa Mohanty

Adv. Binisa Mohanty

LawRatoDelhi | 25+ Answers
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