39
In forceValueless cheques
Part 8Fraud, unlawful possession etc
39 Valueless cheques
(1)
A person who obtains any chattel, money, valuable security, credit, benefit or advantage by passing a cheque which is not paid on presentation is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2)
It is a defence to a charge for an offence against subsection (1) to prove that the defendant—
(a)
had reasonable grounds for believing that the cheque would be paid in full on presentation; and
(b)
had no intent to defraud.
(3)
The fact that at the time when the cheque was passed there were some funds to the credit of the account on which the cheque was drawn is not of itself a defence.
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