/Displaying items by tag: dishonoured cheques (offences) act, 1977
"BOUNCED CHEQUE AND ITS LEGAL IMPLICATIONS"
DAILY LAW TIPS by Onyekachi Umah,Esq. (Tip 208) "Which Court Can Try Cases Of Bounced/Dud Cheque In Nigeria ?".
"Which Court Can Try Cases Of Bounced/Dud Cheque In Nigeria ?".
It is only a High Court of any of the 36 States in Nigeria and the High Court of The Federal Capital Territory that can entertain and try cases of dud/bounced cheque brought pursuant to Dishonoured Cheques (Offences) Act. Hence, no Customary Court, Area Court, Magistrate Court or Federal High Court has jurisdiction to handles such cases.
However, if an offence of issuance of Bounced/Dud cheque must be brought under any other court apart from a High Court, then such case must be charged under a different legislation other than the Dishonoured Cheque(Offences) Act.
My authorities are sections 1 and 2 of the Dishonoured Cheques (Offences) Act, 1977.
DAILY LAW TIPS by Onyekachi Umah,Esq. (Tip 151) "Dud/Bounced Cheque Offences Cannot Be Tried In Magistrates Courts In Nigeria."
"Dud/Bounced Cheque Offences Cannot Be Tried In Magistrates Courts In Nigeria."
It is a criminal offence for one's Cheque to be dishonoured(refused) by his bank. It is an offence punishable with 2 years imprisonment. Only High Courts of States can try and entertain cases of bounced Cheques, fake Cheques and dishonoured Cheques. Hence, such cases cannot be entertained by any Magistrate Court in Nigeria for lack of jurisdiction.
My authorities are sections 1 and 2 of the Dishonoured Cheques (Offences) Act.
DAILY LAW TIPS by Onyekachi Umah,Esq. (Tip 100) "How to Save An About To Be Bounced Cheque in Nigeria"
"How to Save An About To Be Bounced Cheque in Nigeria"
An about to be bounced/dud bank Cheque can be remedied. The issuer of the Cheque should send a countermand order (counter instruction) to his bank ordering it not to place value on such Cheque. He can also send notice to the Payee not to present the Cheque to any bank.
See, Dishonoured Cheques Offences Act, 1977.
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DAILY LAW TIPS by Onyekachi Umah,Esq. (Tip 82)
Issuance of a bounced/dud bank Cheque is a criminal offence. Where the issuer of such Cheque is an individual, it is punishable with 2 years imprisonment without fine. Where the issuer is a corporate body, it is punishable with fine of not less than #5,000.00.
See, section 1 of DISHONOURED CHEQUES (OFFENCES) ACT, 1977.
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Bounced Or Dud Cheque And Its Legal Consequence In Nigeria
In our traditional Nigerian banking system, cheque books are only offered to current account owners who are in turn charged on transaction. The present advancement in banking has invoked the offering of savings account with cheque books and quasi-cheque books with limited features and acceptability.