Cheque bounce case under NI Act

Querist : Anonymous (Querist) 07 January 2011 This query is : Resolved
Dear professional, Our Company has filed two cases against the other company (accused). One is civil recovery and other is Cheque bounce case. In civil matter is before the Liquidator.
Criminal complaint filed in 1996 against the accused, till date party is not traceable. Now we came to know that party is outside the county and living with joy after committing much fraud in country. Last week when matter came before the JMFC court the Hon’ble court rightly urged that either provide the new addresses of accused or withdraw the complaint otherwise being a old matter will be dismissed.
At this stage I want to know the procedure to get the accused, who is out of country. In this regard even we do not know the accused is in which country.
Shall we make the party to bank (whose cheque bounced), ROC of concern area under which company was/is registered. Please suggest instead of withdrawal of dismissal what will the effective step to get the justice. We are to take any step for justice instead of withdrawal and dismissal.

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Pritam Saini, Advocate (Expert) 07 January 2011
move application before court to start proceeding to declare them proclaim offender and this proceeding one fir will be lodged and 138 proceeding will sine die after that. you can start again it when accussed arrested

Ajay Bansal (Expert) 07 January 2011
I agree with Pritam Saini, Advocate.

DEFENSE ADVOCATE.-firmaction@g (Expert) 07 January 2011
But that also you have to give notice in newspapers which is costly affair.

Amit Minocha (Expert) 07 January 2011
Pl move appropriate application seeking declaring him as PO and on it an FIR may be lodged and 138 proceeding will get sine die after that till the accused is traced and arrested. If you have the details of the Country where he is, file a complete certified copy of the case and order sheet of Court along with your application seeking his deportation if possible and also showing his conduct. Also mention of civil decree against him which can be executed overseas as well.

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