Lusaka lawyer in court for issuing dishonored cheques

Magistrates Court: File picture

A 35-year-old Lusaka lawyer has been dragged to court for allegedly issuing dishonoured cheques worth over K160,000.

In this matter, Albert Banda of Lusaka’s Chelstone area is charged with eight counts of dishonoured cheques contrary to the National Payment Systems Act no. 1 of 2007 of the Laws of Zambia.

He, however, denied the charges.

In count one, it is alleged that Banda on April 17, last year in Lusaka, wilfully, dishonestly or with intent to defraud, issued one First National Bank Limited (FNB) cheque no. 000029 to Maneku Njamba dated April 17, 2019 in the sum of K25, 000 to be drawn on account no. 62730127067 of Alberto Ngoyi Advocates, knowing the said account to be insufficiently funded.

In count two, it is alleged that Banda on April 19, 2019 willfully, dishonestly or with intent to defraud, issued one FNB cheque no 000030 to Njamba dated April 19, 2019 in the sum of K25, 000 to be drawn on account no. 62730127067 of Alberto Ngoyi Advocates, knowing the said account to be insufficiently funded.

In count three, it alleged that Banda on May 15, 2019 willfully, dishonestly or with intent to defraud, issued one FNB cheque no.000031 to Njamba dated May 15, 2019 in the sum of K25, 000 to be drawn on account no. 62730127067 of Alberto Ngoyi Advocates, knowing the said account to be insufficiently funded.

In count four, Banda on May 17, 2019 allegedly willfully, dishonestly or with intent to defraud issued one FNB cheque no. 000032 to Njamba dated May 17, 2019 in the sum of K20, 000 to be drawn on account no 62730127067 of Alberto Ngoyi Advocates knowing the said account to be insufficiently funded.

In the fifth count, it is alleged that Banda on May 19, 2019 willfully, dishonestly or with intent to defraud, issued one FNB cheque no 000033 to Njamba dated May 19, 2019 in the sum of K15, 000 to be drawn on account no. 62730127067 of Alberto Ngoyi Advocates, knowing the said account to be insufficiently funded.

In count six, it is alleged that Banda on May 3, 2019 willfully, dishonestly or with intent to defraud, issued one FNB cheque no 000038 to Njamba dated April 30, 2019 in the sum of K12, 000 to be drawn on account no 62730127067 of Alberto Ngoyi Advocates, knowing the said account to be insufficiently funded.

In count seven, it alleged that Banda on May 2, 2019 willfully, dishonestly or with intent to defraud, issued one FNB cheque no. 000037 to Njamba dated April 29, 2019 in the sum of K24, 000 to be drawn on account no. 62730127067 of Alberto Ngoyi Advocates, knowing the said account to be insufficiently funded.

In the last account, it is alleged that Banda on May 21, 2019 willfully, dishonestly or with intent to defraud, issued one FNB cheque no 000036 to Njamba dated May 21, 2019 in the sum of K20, 000 to be drawn on account no 62730127067 of Alberto Ngoyi Advocates, knowing the said account to be insufficiently funded.

When the matter came up for commencement of trial before magistrate Ruth Kapulu, Tuesday, Banda who is on police bond was not before court.

State prosecutor, Noah Mwanza informed the court that the State was ready to proceed with trial with a witness.

But Banda’s lawyer asked the court to adjourn the matter to another date, saying he had just received information that the accused was still unwell and he had sent someone who was still on his way, to bring a sick note.

In response, Mwanza said the court should take into consideration the fact that all the adjournments in the matter had been at the instance of the defence.

He said it was a cost on the part of the State to bring witnesses to court without giving them an opportunity to testify.

Mwanza further said he could not question Banda’s illness but added that the court must be moved with medical evidence that the accused was sick.

He urged the court to seriously warn Banda to attend court at the next sitting.

Ruling on the defence’s application for an adjournment, magistrate Kapulu said she was not impressed with Banda’s behaviour because from October last year when the matter was allocated to her, he had not been going to court.

She added that to make matters worse, Banda was not just an ordinary person but was a lawyer who knew the procedure of court proceedings.

“I am warning the accused through his counsel that on the next sitting, if he fails to appear before court a bench warrant would be issued against him. And not only that, he will be ordered to refund the witness transport money. For the time being, I will allow the application to have the case adjourned,” said magistrate Kapulu.

The matter comes up on January 29 for trial.

Zondiwe Mbewe

About Zondiwe Mbewe

Zondiwe has interest in writing political and current affairs on issues which affect every Zambians.

Email: zondiwe [at] diggers [dot] news

View All Posts

Comment on article

Comment on article:

  Subscribe  
Notify of

[search_popup]

Send this to a friend