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State v Singh [2007] FJMC 8; Criminal Case No 445 of 2003 (30 March 2007)

IN THE RESIDENT MAGISTRATE’S COURT
AT SUVA

Criminal Case No. 445 of 2003

STATE

V

SHANKAR SINGH

Before Ajmal Gulab Khan Esq
Resident Magistrate

Date of Hearing: 20/02/07
Date of Judgment: 30/03/07

Prosecution: Ms Tabete
Accused: Mr R Singh

The accused has been charged for obtaining goods by false pretence. Contrary to S.309 of the Penal Code.

Particulars are Shankar Singh on 27th November 1998 with intent to defraud obtained 6 cartons of chicken valued $277 etc. being total value $303.80 by falsely pretending that cheque 000098 drawn on ANZ Banking Corp. was good and valid order.

Facts are undisputed. On 27/11/98 accused went to buy chicken at Crest deport in Coloi-Suva. He paid by a cheque named Shankar Singh and Associates. He bought chicken and other goods valued at $303.80. The cheque dated 27/11/98 was drawn to ANZ Banking Corp for $303.80.

The accused assured the cheque was valid. When deposited the cheque was dishonored. It was stated ‘account closed.’ ANZ officer informed Court that the account was opened on 31/7/97 and closed on 16/3/98. At the date this cheque was issued on 27/11/98 the account was not in existence.

I have considered whole of the evidence.

The accused in his voluntary caution interview admitted he knew the account was closed. He also said he had paid cash to an employee of the Crest Company. At the time he wrote the cheque he knew that the account was closed and there was no money payable to the recipient of the cheque. He falsely pretended ‘that money was payable on his cheque and that it was a valid order.’

He had full intent to defraud and obtain the chicken for his benefit. All elements of the offence is complete.

Even if he had paid later by cash to another employee which is not in evidence; the intent at time of obtaining goods was clearly to defraud.

I find the prosecution has proved its case beyond reasonable doubt.

The accused is found guilty as charged.

Dated this 13th day of March 2007.

Ajmal G Khan
RESIDENT MAGISTRATE