"BOUNCED CHEQUE AND ITS LEGAL IMPLICATIONS" 

By 

ONYEKACHI UMAH, ESQ., LL.M, ACIArb(UK)

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 208)
“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.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 151)
“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.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 100)
“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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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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LearnNigerianLaws.Com in 2016 published and circulated for free over 10 law articles on WILLS, MARRIAGE, LAND, NBA STAMP, CONTRACT, TENANCY, BUSINESS, BOUNCED CHEQUE AND TRADEMARKS. They were written in simple English without law jargons, for easy understanding of none-lawyers. Below are links to 10 law articles as published on www.LearnNigerianLaws.com 

 Please read and be empowered!

Click on each article to read. Feel free to share!

 

  1.   HOW TO RECOVER PROPERTY OF THE DEAD IN NIGERIA. (A legal guide on Probate Matters in Nigeria)  http://www.learnnigerianlaws.com/index.php/law-articles/family-law/21-how-to-recover-property-of-the-dead

  

  1.   HOW TO BE LEGALLY MARRIED IN NIGERIA - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/family-law/10-how-to-be-legally-married 

  

  1.   LEGALITY OF GOVERNMENT’S COMPULSORY ACQUISITION OF LAND AND PAYMENT OF COMPENSATIONhttp://www.learnnigerianlaws.com/index.php/law-articles/land-law/16-legality-of-government-s-compulsory-acquisition-of-land-and-payment-of-compensation

  

  1.   PROCEDURE AND REQUIREMENTS FOR OBTAINING NBA LAWYERS'STAMP, INSURANCE POLICY AND OTHERS. http://www.learnnigerianlaws.com/index.php/law-articles/law-in-practise/18-procedure-and-requirements-for-obtaining-nba-lawyers-stamp-insurance-policy-prepaid-cards-lawyers-verification-exercise

  

  1.   BOUNCED/DUD CHEQUE AND ITS LEGAL CONSEQUENCES IN NIGERIA- LearnNigerianLaws.com http://www.learnnigerianlaws.com/index.php/law-articles/criminal-law/8-bounced-or-dud-cheque-and-its-legal-consequence

  

  1.   RIGHTS OF A TENANT IN NIGERIA. - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/landlord-and-tenant-law/24-rights-of-a-tenant

  

  1.    RIGHTS OF A LANDLORD IN NIGERIA. - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/landlord-and-tenant-law/23-rights-of-a-landlord

  

  1. HOW TO REGISTER A BUSINESS NAME, A PARTNERSHIP ANDA COMPANY IN NIGERIA - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/commercial-and-corporate-law/11-how-to-register-a-business-a-partnership-and-a-company

  

  1. REGISTRATION OF TRADEMARKS IN NIGERIA. - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/commercial-and-corporate-law/22-registration-of-trade-marks 

     

       10. HOW TO WRITE AGREEMENTS (CONTRACTS) - Learn Nigerian laws http://www.learnnigerianlaws.com/index.php/law-articles/commercial-and-corporate-law/25-how-to-write-agreements-contracts 

 

Join us every month as we publish for free, easy to understand law articles on areas that affect the ordinary man. Our publications are for the general public; none-lawyers and lawyers. It is our vision to enlighten all Nigerians on Nigerian laws to build a safer, more informed and accountable Nigeria. We wish you a fruitful new year; 2017.

Thank you.

 

Onyekachi Umah, Esq. ACIArb(UK)

Founder and Senior Contributor

LearnNigerianLaws.Com

www.LearnNigerianLaws.com

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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.

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