- 6 Marks
Question
Suzee operates a current account with Life Bank Plc. On Monday, she was informed that the credit balance on her account was N125,000. She anticipated that on Tuesday, her mother would lodge cash of N65,000 into her account, but the mother did not do so.
On Wednesday, she issued a cheque in favour of Timmy for the sum of N140,000. On Friday, when Timmy presented the cheque, it was returned unpaid because the credit balance on Suzee’s account still remained N125,000. Timmy is aggrieved and alleges that an offence has been committed.
Required:
Explain the legal issues surrounding Suzee’s act of issuing that cheque.
(Total 6 Marks)
Answer
The legal issue surrounding Suzee’s act of issuing the cheque revolves around dishonored cheques and fraudulent misrepresentation.
- Issuing a Dishonored Cheque: Suzee issued a cheque for N140,000 even though she only had N125,000 in her account, and the anticipated additional funds were not deposited. This act led to the cheque being dishonored due to insufficient funds. Under the law, issuing a cheque that is dishonored for lack of funds may amount to cheque fraud or uttering a dishonored cheque. In some jurisdictions, this could be considered an offence under laws governing negotiable instruments, which protect payees from fraud or misrepresentation.
- Fraudulent Misrepresentation: By issuing a cheque with knowledge that her account balance was insufficient to cover the amount, Suzee may be seen as engaging in fraudulent misrepresentation. This is because she knowingly presented herself as capable of honoring a payment that she was not in a financial position to fulfill. Timmy, the payee, relied on the representation that the cheque was good, which resulted in a loss or inconvenience to him when the cheque was dishonored.
Consequences for Suzee could include legal action by Timmy for the recovery of the amount, and possible criminal charges depending on the jurisdiction’s laws concerning dishonored cheques. Timmy could also seek damages for the inconvenience and financial harm caused by the dishonored cheque.
- Tags: Banking, Cheque Issuance, Dishonored Cheque, Negotiable Instruments
- Level: Level 1
- Topic: Negotiable Instruments
- Series: NOV 2014
- Uploader: Dotse