A person who issues or passes a cheque for the payment of money, knowing that it will not be honored by the drawee,
Penal Code
2015 English source edition · Current applicability not established.
English-language 2015 Ministry of Justice edition. Refworld catalogues this English expression as an unofficial translation; Eri Atlas has not independently verified the translation.
Article 349
Issuing or Passing of Bad Cheque · Preserved transcription; page attribution imported from the source collection. Verify against the original.
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.
For purposes of this Article, a Court may find that an issuer or endorser knew that the cheque would not be paid where:
the issuer had no account with the drawee at the time the cheque or order was issued;
payment was refused by the drawee for lack of funds upon presentation; or
the issuer, intended at the time of issuance to stop payment, and in fact, subsequently instructed the drawee to stop payment.