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Saw this old thread by virtue of another.
Bank is not affected if a cheque is uncrossed they may cash it.
A crossing, irrespective of wordin, pay only, not negotiable etc, merely means that tehy must pay it into a bank account.
An uncrossed cheque to cash, is a bearer cheque, thus payable to whoever is in possesion.
Re the fraud, fraud requires intention and that will have to be proved. That is they had no intention for funds to be present. It really should be as simple as when you wrote cheque there had to be funds, failing which go straight to jail.
A cheque does however, qualify for provisional sentence proceedings, a quicker cheaper collection process than ordinary summons.
Anthony Sterne
www.acumenholdings.co.za
DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.
Dave A (10-Jul-13)
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