credit of the drawer of the cheque in the bank on which the
cheque was drawn, shall be guilty of an offence and on
conviction shall –
2.
(i)
In the case of an individual be sentenced to imprisonment
to two years, without the option of a fine, and
(ii)
In the case of a body corporate be sentenced to a fine of
not less than N5, 000.00.
For the purposes of subsection (1) of this Section –
(a).
The reference to anything capable of being stolen shall be
deemed to include a reference to money and every other
description of property, things in action and other intangible
property;
(b).
A person who draws a cheque which is dishonoured on the
ground stated in the subsection and which was issued in
settlement or purported settlement of any obligation under an
enforceable contract entered into between the drawer of the
cheque and the person to whom the cheque was issued, shall
be deemed to have obtained credit for himself by means of the
cheque notwithstanding that at the time when the contract was
entered into, the manner in which the obligation would be settled
was not specified.
As rightly submitted by the learned Counsel for the Accused, to successfully
secure conviction under the above section of the Dishonoured Cheques Act, the
Prosecution must prove beyond reasonable doubts the following ingredients of
the offence: (1).
The cheque was issued by the Accused person to the nominal complainant.
(2).
The cheque was presented to the bank within three months from the due
date.
(3).
The cheque was dishonoured for lack of funds in the drawer’s Account on
which the cheque was drawn.
In this case, what is the evidence presented to the Court by the Prosecution
witnesses and the Accused having regard to the above ingredients of the offence.
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