the date written on it i.e. 5th July, 2010. It is noteworthy this piece of evidence by Pw1 was not contradicted or discredited by the Accused. Besides, a perusal of the Accused person’s Statement to the Police shows he acknowledged the cheque was presented to the bank. He however, expressed gratitude to God it was not stamped “stamped in the Bank as Dutch Cheque”. This statement was as shown on it made by the Accused and signed by him on 29th September, 2010. The cheque (Exhibit C) having been issued by him on 5th July, 2010 and he did acknowledge in his statement made on 29th September, 2010 the Exhibit was presented to the bank, it becomes apparent that at least, Exhibit C was not presented to the bank after 3months of the due date being 5th July, 2010. This, his line of defence therefore collapses in the light of his self made Exhibit F as well as the uncontradicted evidence of Pw1 which I believe. This said, the next ingredient is whether or not the cheques were dishonoured in the bank upon presentation for lack of funds or sufficient funds to sustain them. In this regard, the Pw1 testified in her evidence in chief that she presented the cheques (Exhibits C and D) to the bank which is in Area 8 Garki, Abuja for payment but they were dishonoured for lack of funds. That when she asked the bank official why the cheques were dishonoured she was told there was no money in the Account of the Accused. After the cheques were dishonoured she called the Accused and informed him of the development but he did not say anything. Thereafter, her several efforts to get him on phone were fruitless as his phone was switched off. She then decided to report the matter to the Police. When cross examined on the issue the Pw1 insisted that she presented Exhibit C to the bank twice and it was dishonoured. That she presented it to the bank on the date written on it being 5th July, 2010. That she was told on enquiry by the bank that there was no money in the Account. The Accused did not contradict the piece of evidence with any evidence to show the cheque was honoured on presentation in the bank. Besides, the Accused person himself in his Statement at the Police Station (Exhibit F) admitted he issued a post dated cheque to the Pw1 with the hope that there will be money in which event he will withdraw it and pay her “by hand.” He expressed gratitude to God that the cheque was not stamped “stamped in the bank as a Dutch Cheque”. The Accused person’s statement undoubtedly indicates the cheque he issued to the Pw1 was not honoured though, according to him, it was not stamped “stamped in the bank as a dutch cheque” for which reason he thanked God. Beyond the statement however, a look at the two cheques (Exhibits C and D) shows they clearly had the words “DAR” marked on them twice by the bank. This 11

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