Obtaining goods etc. by valueless cheque
37 Obtaining goods etc. by valueless cheque
S. 37(1) amended by No. 9554 s. 2(2)(Sch. 2 item 329).
Any person who obtains any chattel money valuable security credit benefit or advantage by passing a cheque which is not paid on presentation shall be guilty of an offence.
- 25 penalty units or imprisonment for one year.
S. 37(2) amended by No. 68/2009 s. 97(Sch. item 115.7).
It shall be a defence to a charge for an offence against subsection (1) of this section to prove that the accused—
had reasonable grounds for believing that the cheque would be paid in full on presentation; and
had no intent to defraud.
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 shall not of itself be a defence.
S. 37(4) amended by No. 9848 s. 18(1).
No proceedings shall be brought against any person for an offence against this section except with the consent of the Director of Public Prosecutions.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.