Tuesday, April 21, 2009

BP 22: Sufficiency of notice of dishonor

I have to journal my cross examination this afternoon in a BP 22 case (bouncing checks law), just so I can remember.
My cross examination pertains to a demand letter in the bouncing checks law.
I am counsel for the accused.
The complainant indeed, had a demand letter.
The complainant testified that the said demand letter was duly received by my client, the accused.
The complainant testified there was a handriwing below the demand letter indicating receipt by my client, as well as the date of receipt, February 4, 2003.
After saying this, I asked the complainant when the check was dishonored.
The complainant looked at the back of the check and saw the check was dishonored March 20, 2003.
So, I established that the receipt of the demand letter was before the check was presented for payment, as well as before the dishonor.
Is there sufficient notice of dishonor, as to convict my client?

No comments: