{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:penal:2015:article:349","workId":"law:eri:code:penal:2015","expressionId":"law:eri:code:penal:2015:en","title":"Issuing or Passing of Bad Cheque","number":"349","language":"en","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/349/","hierarchy":{"part":"PART II — THE SPECIAL PART","book":"BOOK IV — OFFENCES AGAINST PROPERTY","title":null,"chapter":"Chapter 2. — Offences Involving Fraud, Fraudulent Transactions and Blackmail"},"paragraphs":[{"id":"p1","number":"1","text":"A person who issues or passes a cheque for the payment of money, knowing that it will not be honored by the drawee,","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/349/#p1","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":250,"url":"https://eriatlas.com/sources/penal-code-2015/page/250/?article=349&paragraph=p1#article-349-p1"}]},{"id":"p1-tail","number":"","parentId":"p1","text":"is guilty of fraudulently issuing or passing a bad cheque, a Class 1 petty offence, punishable with a definite term of imprisonment of not less than 6 months and not more than 12 months, or a fine of 20,001 – 50,000 Nakfas, to be set in intervals of 2,500 Nakfas.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/349/#p1-tail","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":250,"url":"https://eriatlas.com/sources/penal-code-2015/page/250/?article=349&paragraph=p1-tail#article-349-p1-tail"}]},{"id":"p2","number":"2","text":"For purposes of this Article, a Court may find that an issuer or endorser knew that the cheque would not be paid where:","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/349/#p2","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":250,"url":"https://eriatlas.com/sources/penal-code-2015/page/250/?article=349&paragraph=p2#article-349-p2"}]},{"id":"p2a","number":"a","parentId":"p2","text":"the issuer had no account with the drawee at the time the cheque or order was issued;","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/349/#p2a","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":250,"url":"https://eriatlas.com/sources/penal-code-2015/page/250/?article=349&paragraph=p2a#article-349-p2a"}]},{"id":"p2b","number":"b","parentId":"p2","text":"payment was refused by the drawee for lack of funds upon presentation; or","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/349/#p2b","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":250,"url":"https://eriatlas.com/sources/penal-code-2015/page/250/?article=349&paragraph=p2b#article-349-p2b"}]},{"id":"p2c","number":"c","parentId":"p2","text":"the issuer, intended at the time of issuance to stop payment, and in fact, subsequently instructed the drawee to stop payment.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/349/#p2c","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":251,"url":"https://eriatlas.com/sources/penal-code-2015/page/251/?article=349&paragraph=p2c#article-349-p2c"}]}],"caution":"English-language 2015 Ministry of Justice edition. Refworld catalogues this English expression as an unofficial translation; Eri Atlas has not independently verified the translation."}