The relationship between criminal proceedings and civil enforcement, common defences, and the deadlines holders should observe.
Nature of the offence
Issuing a cheque without sufficient available funds may constitute an offence. A cheque may also serve as an enforceable instrument enabling its holder to pursue direct execution.
Options available to the holder
Depending on the circumstances, the holder may pursue criminal proceedings, civil enforcement, or a civil claim for value and statutory interest. The best route depends on the debtor's solvency and prospects of settlement.
Common defences
Defences may concern the instrument's legal character, payment of the underlying debt, limitation periods, or the circumstances in which the cheque was issued. Each defence requires careful documentary proof.
This article is for general information only and does not constitute legal advice for any specific matter.
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