N20, 942.52. That there is no credit balance in it up to the sum of N2, 350,
000.00 from 22nd December, 2008 till 22nd February, 2013.
From the foregoing pieces of evidence of both the Prosecution witnesses and the
Accused himself, the Court is left in no doubt that not only did the Accused
person issue the Pw1 (the nominal Complainant) with Exhibits C and D in
repayment of monies he borrowed from her for business, the Exhibits were on
presentation to the bank dishonoured for lack of sufficient funds to sustain their
values hence the bank dishonoured them. In the circumstances, the Court holds
the Prosecution has proved beyond reasonable doubt the 3rd ingredient of the
offence of issuing dishonoured cheque consistent with the provision of Section 1
of the Dishonoured Cheques Act.
In the light of these, the Court holds the Prosecution has proved beyond
reasonable doubt the ingredients of the offence of issuing dishonoured cheques
as provided by Section 1 of the Dishonoured Cheque Act with which the Accused
was charged in this case. The Accused is accordingly convicted with respect to
Counts 2 and 3 of the Charge preferred against him. He is discharged and
acquitted with respect to Count 1 consistent with the Court’s Ruling of 8th
February, 2013 on his no case to Answer Submission.
Before I drop my pen, it needs be stated that the Accused Counsel’s contention
that the Police in this case embarked upon recovery of civil debt contrary to
Section 4 of the Police Act; is unavailing. This is because, a reading of Exhibit E
ie the Pw1’s Statement to the Police clearly shows her complaint was with regard
to the Accused issuing her with a dishonoured cheque in the attempt to settle the
monies he borrowed from her for business. The testimony of the Pw2 also is to
the effect that upon endorsement of the Pw1’s complaint to his team, they
investigated the allegation of issuance of dishonoured cheque by the Accused
person. The fact of the Accused person writing undertakings to pay the debts
does not detract from the fact that a case of issuance of dud cheque was
disclosed in the Pw1’s complaint/statement and the Police through the Pw2 and
his team investigated same and thereafter charged the Accused to Court for
same.
All said, the accused is convicted as stated above.
SIGNED
HON. JUDGE
12/ 2/2015.
COURT:
Allocutus, if any.
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