What You Should Know About Cheque Offences in Thailand 您應該知道的泰國支票犯罪
Nowadays cheques are commonly used by people in general and legal entities to deal with numerous of transactions. There are some countries where a bounced cheque or cheques with insufficient funds in the account, considered illegal. However, in Thailand, it is an offense. Offenses are divided into Criminal parts and Civil Part where the person who committed the act can either be incarcerated in either of the two.
In accordance to Section 4 of the Offense Arising of the Use of Cheque Act B.E.2534 stipulates that, any person who issues a cheque for payment of debt that truly exists and is legally enforceable with any of the following characteristics or actions when a cheque has been submitted lawfully for payment of money, if the bank refuses to pay, the issuer shall be liable of penalty of not exceeding sixty thousand baht or imprisonment for not more than one year or both fine and imprisonment:
(1) Intends not to let the payment according to cheque to go through;
(2) At the time of issuing the cheque, there was no money in the account which should be available for payment;
(3) issues a cheque to pay for debt in the amount higher than the amount in the account which should be paid at the time of issuing the cheque;
(4) withdraws all or part of the money from the account in which the cheque should be paid until the remaining amount is insufficient to use the cheque;
(5) Prohibits the bank from making payment according to the cheque with fraudulent intent.
Section 7 of the Use of Cheque Act B.E.2534: if the offender under Section 4 makes payment of cheque to the holder or to a banker within thirty days from the date on which the drawer receives the written notice from the holder notifying that a banker refuses to pay such cheque or the obligation which the court passes the final judgment, it shall be deemed the offence.
Section 8 of the Use of Cheque Act B.E.2534: if the amount of each cheque or the amount of several cheques altogether, does not exceed the amount, which a single judge is empowered to try and adjudicate in a civil case, the filing of a civil case to demand the payment of cheque may be included in the prosecution of the criminal case to the court trying the criminal case. The trial of the civil case shall be preceded.
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