What happened
The client was sued in a criminal cheque case in Phuket, and the court accepted the complaint. The dispute concerned why the cheque had been issued: the claimant said it was for payment, while the defence was that it had been given as security for another obligation.
What we did
We examined the transaction and the circumstances in which the cheque was issued. As defence counsel, we presented evidence of its purpose as security and challenged the allegation that the client had intended it as payment. The arguments addressed the Cheque Act provisions involved in this case.
The outcome in this case
The trial court dismissed the charge. The opposing party appealed, but the appeal court upheld the dismissal, finding that the conduct did not constitute the offence alleged under the Act. The client was therefore not convicted in this case.