Cheque Bouncing Case

Vishal Sharma (Querist) 09 October 2015 This query is : Resolved
R/Experts In my complaint u/s 138 of 138 NI Act,accused never come present before court and ultimately find no other way after NBW and proceedings u/s 82/83 Crpc,court declarte him proclaimed offender and absconder and it was also mentioned in the order that copy of this order be also sent to concerned SHO Police station for further proceedings of 174 A IPC.
Court also mentioned in order to register FIR in this regard ab asked to sent a copy thereof to this Court in compliance by NDOH. Also asked SHO to include accused name in th list of absconder s aab d to take steps to arrest the said accused as and when he is found.
So what will happen now? Will there be FIR going to be registered or not? Normally police register cases or not in this type of cases or not even after court order?
What are the chances of finding accused as he haven't appeared once in court and only his parents living on the address known to me, what I can further do in this?
Thankyou

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Anirudh (Expert) 10 October 2015
As the Court has ordered to register FIR and to send a copy thereof to the Court in compliance by NDOH, one hopes the FIR would be registered. This your lawyer can check up on the next date of hearing

You or the police cannot do anything till the person (accused) is located. You have to wait. In case you find the accused somewhere, please inform the police immediately.

Dr J C Vashista (Expert) 10 October 2015
Prima facie there is some misconception with regards to lodging of FIR against a person declared as "proclaimed offender" after proceeding u/s 82 Cr.PC and attachment of his property section 83 Cr.PC. The two connotations are different with each other, please recheck with your lawyer.
When ever the PO is in your sight, you are required to intimate any "police personnel" the police person shall gladly oblidge to apprehend, arrest and produce before the Court.

Rajendra K Goyal (Expert) 10 October 2015
Agree with the advice from expert Anirudh.

SAINATH DEVALLA (Expert) 10 October 2015
What were U and UR lawyer doing when the summons were returned undelivered? U should have acted the itself.U have given a chance for the accused to flee at his own convenience.hence rely on UR advocate for further course of action by the police.