KCC 416/2019

This case involved the issue of bounced cheques. A key point was whether there was sufficient evidence of the elements of the crime as the criminal case had been dismissed because it was not submitted within four months of the cheque issue. The criminal court had the right to use previous public prosecution investigations as evidence.

Background

The office of public prosecution accused a defendant of issuing bounced cheques. The office requested the court to penalise the defendant under to the relevant laws.

The court ruled that the defendant should be imprisoned for two years.

The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. He said that the court had issued the ruling against him although the criminal case had been dismissed because it was not submitted within four months of cheques’ issuance. He said that the elements of the crime had not existed in this case.

Decision