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 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.
Profuse thanks in advance & any advice would be highly appreciated.