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CRIMINAL APPEAL
1 Background
The appellant herein, the Executive Director of a corporate entity - Fish Farmer
Brigade Ltd is facing a criminal trial at the Circuit Court, Ho on charges of having
issued a dud cheque. After the close of the prosecution’s case, the trial court
directed the appellant to open his defence to the action. Dissatisfied with the
decision of the court dated 16 July 2020 that directed him to open his defence, the
accused filed this appeal against the decision. The decision was not a final order
of the court on the matter; it is thus an interlocutory order. I find that the appeal
was filed within time pursuant to the Criminal & Other Offences (Procedure) Act,
1960 (Act 30) s. 326.
The complainant in the case PW1 is a retired nurse, whilst the accused-appellant
is a clergyman and managing director of Fish Farmer Brigade Ltd, a tilapia farming
Investment Company at Juapong. During the year 2010, the complainant became
aware of the tilapia venture through radio and television adverts. She developed
an interest in the venture and so attended seminars organized by the company in
Accra, after which she became convinced and therefore invested various sums of
money totalling GH¢40,000 for 100% returns. When the investment matured, the
complainant upon demand was, on 15 May 2012, issued with an ADB Cheque No.
NAT FISH FARMERS BRI 100039274019 by the company with the face value of
GH¢40,000. The cheque was endorsed and co-signed by the appellant. Barely three
weeks after receipt of the check, the complainant on 4 June 2012 went to the ADB
Independent Avenue Branch, Accra with the intent to cash the cheque only to be
told by the bank that the account holder did not have funds in the account.
Seven years later – that is on 4 June 2019 - the accused/appellant was arraigned
before the Circuit Court Ho on charges of having issued a dud cheque contrary to
the Criminal Offences Act, 1960 (Act 29) s. 313. Particulars of the charge sheet at
the trial Circuit Court reads, thus:
REV. DR. PRINCE DUGAH (55 years): For that, you on [the] 15th day of
May 2012 at Juapong in the Volta Circuit and within the jurisdiction of this
court did issue [ADB] Cheque No. MAT FISH FARMERS BRI 100039274101
for … GHc40,000 to be drawn at the said Juapong [ADB] when you have no
ground to believe that you have adequate funds in your account to pay
the amount specified in the cheque within [the] normal course of banking
business.
The prosecution called