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May 13, 2017
Question: A friend of mine gave a cheque to a supplier to deliver goods but the goods were not received. Does my friend have the right to instruct the receiving bank to not cash the cheque?
Answer:Unfortunately, your friend cannot do that. Once a cheque has been signed and delivered it is illegal to try to have it returned. Article 401 of Criminal Law 3 of 1987 and its amendments state that a bounced cheque crime could be established even from the person merely issuing instructions to the bank not to cash it. The Supreme Court explained in one similar case that the charges remain valid regardless of whether the commitment from the other party has been fulfilled.