THE REPUBLIC vs KWAME YEBOAH OSEI

The Circuit Court, presided over by H/H Adelaide Abui Keddey, convicted an accused of defrauding by false pretences and issuing false cheques arising from his acquisition of engine oil worth GHC51,100 from Felicia Aboagye, director of Barago Company Limited, on the representation that he would sell and pay. After persistent demands, he issued two First Atlantic Bank cheques (Nos. 014214 and 014215), each for GHC25,550 and set for 29 September 2020; both were dishonoured. The prosecution called Aboagye (PW1), D/C/Inspr. Raymond Ackom (PW2), and Mavis Owusu Boadi (PW3), whose testimony corroborated the dishonoured cheques and the accused’s acquisition of the goods. The accused admitted taking the goods but claimed the cheques were for auditors and that unnamed customers had not paid after more than two years. Applying sections 131–133 and 313A of Act 29 and the Evidence Act standards, the court found the defence not reasonably probable, held the prosecution proved the case beyond reasonable doubt, and imposed fines with consecutive default custodial sentences.