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cheque bouncing

(Querist) 08 September 2008 This query is : Resolved 
My client had a motor accident last month i.e 18/8/08. The accused to settle the matter and to avoid litigation and police complaint issued a cheque to my client. Now my client has deposited the cheque and it has bounced.
My query is can the payment by accused to my client be termed as debt?
Can my client still make police complaint of the said accident?
deepak kumar (Expert) 09 September 2008
a complaint to the police can be made but the delay has to be properly explained.
SANJAY DIXIT (Expert) 09 September 2008
Pls tell us the reason of bouncing the cheque as laid in the memo of bank.
RAKHI BUDHIRAJA ADVOCATE (Expert) 09 September 2008
I do agree with MR. DEEPAK KUMAR. but u can also go through the proceeding u/s 138 NI Act as well.
sagar madan (Querist) 09 September 2008
Thanks for advice.
The reason in the memo is "Refer to Drawer". Cheque amount is Rs.15000/-. Client had minor facture and has doctors report and medicals bill to that reapect.
SROTAS -Global Legal Services (Expert) 09 September 2008
Dear Sagar Madan,
If the bank is not paying money for you, when you deposit any cheque, what ever reason may be, "Refer to Drawer" "Insufficient Funds" "Payment Stopped" it amounts to bounce. i.e. dishonour of cheque.
thanks
Jithendra.H.J (Expert) 09 September 2008
certainly you can
sanjay kumar patibandla (Expert) 09 September 2008
By explaining the cause of delay your client can file report before the police. If the police refused to register the case file a private complaint before the court.

You can file 138 of N I Act. too. by proving the accident and settlement between your party and driver of the vehicle you can prove the legal enforceable debt.
sagar madan (Querist) 10 September 2008
Thanks all for your advice.


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