Legal Question in Criminal Law in India

I had filed a case under the NI Act for a cheque bounce of Rs 12 lakhs on Nov 2020. Have attended a total of 12 hearings so far till date. Barring the first date, the accused has not attended any hearing so far and is in hiding. So far a total of 6 W.A / WPA has been issued, the address provided by the accused in court (under affidavit) is fake, he has shut his office & does not live in his residence, although the flat is still there in his name. Police reports for the W.A / WPA has verified that. I have exhausted all my efforts to find the accused or his address, and it's about 3 years now. He is believed to be shifting from one locality to another and is hard to trace him down.

My query is, is it the right time & condition to file for section 82 (or 82/4 not sure, plz suggest) or do I have to wait for more time? Is there any waiting period? Do I have to plead to the court to file sec 82 or will the court decide when it is to be done? And how long does it take for a court to declare him as absconding, under Sec 82 ie from the date of filing? I understand that Sec 83 is to be followed AFTER Sec 82 is applied to recover the cheque bounce amount through the seizure of his assets.

Plz Plz help. I am a senior citizen and at my wit's end, The money is my life savings. Profuse thanks in advance & any expert advice /suggestions would be highly appreciated.


Asked on 9/29/23, 5:50 pm

1 Answer from Attorneys

You are not required to file any application for section 82 and 83 Cr.P.C. as it is court procedure and court will initiate proceeding under section 82 and 83 Cr.P.C. on the basis of police report.

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Answered on 10/15/23, 11:12 pm


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