Wakilii

Rex v Heigl (Cr.A. 128-1934.)

East African Court of Appeal · [1937] EACA 185 · 1937 Appeal Allowed — Conviction Quashed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from Tanganyika High Court dismissing appeal from First Class Subordinate Court conviction
Decision
Appellant acquitted

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal held that to convict a drawer of obtaining money by false pretences from a person cashing a cheque for a holder, it must be shown that the drawer employed the holder as his agent for encashment. The Court further held that a charge of obtaining money by false pretences must contain particulars of the false representation and an averment of intent to defraud. The conviction was quashed and the appellant acquitted.

Outcome

Appellant acquitted

Facts

The appellant sold eleven cattle to Aziz Mohamed for Sh. 171. After delivery, he gave Aziz a bearer cheque dated 11 June 1934 for that amount, drawn on the Standard Bank of South Africa at Dar es Salaam and marked 'Pay Cash'. Aziz, having no bank account, endorsed the cheque to Ahmed Remtulla, a merchant in Dodoma, who paid him cash. Remtulla sent the cheque to the National Bank of India for collection. It was returned marked 'Refer to Drawer'. On 26 June 1934, when the cheque was presented, only Sh. 13.64 stood to the appellant's credit, with no deposits since 7 June 1934. The appellant was charged with cheating or obtaining money by false pretences and convicted under section 287 of the Tanganyika Penal Code.

Issues

  1. Whether the drawer of a bearer cheque can be convicted of obtaining money by false pretences from a person who cashed the cheque for a third party holder, absent proof that the drawer employed the holder as his agent for encashment.
  2. Whether a charge of obtaining money by false pretences must contain particulars of the false representation and an averment of intent to defraud.

Orders

  • Appeal allowed.
  • Conviction quashed.
  • Appellant acquitted.

Rules and key headnotes

False Pretences — Bearer Cheques — Agency Requirement
To convict the drawer of a bearer cheque of obtaining money by false pretences from a person cashing the cheque for a holder, it must be shown that the drawer employed the holder as his agent for the encashment of the cheque.
False Pretences — Essential Elements of Charge
A charge of obtaining money by false pretences must contain particulars of the false representation and an averment of an intent to defraud.
False Pretences — Bearer Cheques — Representation
Assuming a bearer cheque carries with it in its movements a representation to any person to whom it may be passed that it is a good and valid order for the amount inserted in it, the drawer is not liable for false pretences to a third party who cashes the cheque for the holder absent proof of agency.

Legislation cited (5)

  • Penal Code of Tanganyika s.287
  • Penal Code of Tanganyika s.289
  • Criminal Procedure Code s.88
  • Criminal Procedure Code s.335
  • Bills of Exchange Act s.73

Cases cited (4)

  • Rex v Hazelton (L.R. 2 C.C.R. 134)
  • Rex v Cosnett (20 Cox C.C. 6)
  • Rex v Dowcy (11 Cox 115)
  • Rex v Evans (1 L.T. (N.S.) 107)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Rex v Heigl (Cr.A. 128-1934.) [1937] EACA 185 (1 January 1937)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.