[1961]DLSC581 • March 3, 1961 • Supreme Court •
AMOAKO v. COMMISSIONER OF POLICE
The appellant, a policeman, came into possession of a cheque book belonging to the Africa Insurance and Import Company during police investigations. He used a cheque leaf from this book to pay a creditor, despite having no bank account. The creditor presented the cheque, which was dishonored due to the appellant's lack of account. The appellant was prosecuted for stealing the cheque leaf and defrauding by false pretences.
read moreJUDGMENT OF VAN LARE, J.S.C. Van Lare J.S.C. delivered the judgment of the court. The appellant in this case was a policeman who had in his custody and possession at all time material to the charges preferred against him a cheque book belonging to the Africa Insurance and Import Company. A complaint had been laid by the insurance company concerning their missing cheque book which was recovered by the police from a certain person concerning whom enquiries were proceeding. It was during the course of these investigations that the appellant came into possession of the cheque book. He used a leaf of this cheque book and gave it to a creditor apparently in the hope of avoiding worries from him. It turned out that the appellant in fact had no banking account. The very next day the appellant took steps to prevent his said creditor from presenting the cheque he had made out in his favour. Notwithstanding this warning the creditor presented the cheque and was told that the drawer, that is th...