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somasundaram (marketing consultant)     08 May 2013

Nbw issued under section 82

Sir/madam,

I am facing a cheque bounce case for past two years at calicut but im from tamilnadu.Due to lack of communication problem between me and my honble lawyer i can't able to  understand my current position.He who told me not to attend hearing. Instead of me my lawyer was attending the court.But now my problem is honble judicial court issued NBW under section 82 for not attending the court.Meanwhile i have paid my part cheque amount to concern opponent infront of both my and his lwayer.  can anyone suggest what can i  do now.Is it safe to residing  in my home which i have given address to correspondence for court proceedings.Please anyone brief me about what is section 82 and how i can dealt with it.I can arrange my remaining amount to pay them within a month to settle it out.

Make a favourable reply as soon as possible

Thanks in advance for ur replies 



Learning

 6 Replies

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     08 May 2013

You have made the mistake of making part payment, should have made whole settlement and withdrawn the case.

 

Now should either make remaining payment or contest the case on merits.

 

Avoiding court is no solution.

somasundaram (marketing consultant)     08 May 2013

still the settlement whether i need to abscond from police proceedings....issue 82 means?

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     08 May 2013

Notice may be publsished in newspapers for you to appear before court on a fixed day, thereafter there will be many steps such as attachment of your property etc.

 

Better appear in the court apply for cancellation of s.82 order and conduct the case., if properly conducted the case you can win with proper legal aid.

somasundaram (marketing consultant)     08 May 2013

im ready for settlement within next week court issued section 82 on 25th april at calicut now im in coimbatore...whether publishment of newspaper in calicut or in coimbatore....but correspondance address given to the court is my present home address at coimbatore.

 q.1). i need to break section 82 and then oly i need go for settlement ?

 q.2). is it safe for me to stay in home which address given till the settlement?

Lawrence William (Service)     08 May 2013

It is absolutely safe to remain home or in native. Police could not be in rush to get you immeditely. Take appropriate time and resolve the matter calmy. Do not panic.

T. Kalaiselvan, Advocate (Advocate)     18 October 2013

Sec 82 of Cr.P.C deals with the provision for proclamation for person absconding.  U/s 83 of the same act, the court issuing a proclamation u/s 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person.


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