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COMMISSIONER OF POLICE
V.
DANQUAH

(1962) JELR 67728 (SC)

Supreme Court 26 Oct 1962 Ghana
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- The appellant went to a shop and asked the manager to cash a cheque for £G10 because the bank was closed. - The manager believed the appellant's representation and paid him £G10 in exchange for the cheque. - When the cheque was presented

Case Details

Judges:KORSAH JSC, C.J. JSC, ADUMUA-BOSSMAN JSC, MILLS-ODOI J.S.C.
Counsel:DANQUAH FOR THE APPELLANT; A. N. E. AMISSAH D.P.P. FOR THE RESPONDENT (THE STATE).

KORSAH C.J.: The evidence, which is not disputed, is that at about 12 noon on the 20th May, 1961, the appellant went to the shop of Michael Bou-Chedid, manager of B.B.C. Trading Co. Ltd. and asked him to cash a cheque for £G10 saying that because the bank was closed, the amount could not be drawn by the appellant from his account at the bank. The cheque was dated the 22nd May, 1961, and the appellant told the complainant that he could cash the cheque on Monday, the 22nd May, 1961, the date on the cheque.

The complainant believing this representation, paid the sum of £G10 to appellant and accepted the cheque; but when it was presented for payment at the bank on the 22nd May, 1961, it was dishonoured. The appellant was subsequently arrested, tried and convicted on the 30th August, 1961.

At the trial, a representative of the bank gave evidence in which he said the appellant had opened an account with the bank in July, 1959. He produced a certified copy of the appellant’s statement of acco…

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