REPUBLIC VRS. BEKOE (D6/050/24) [2024] GHACC 388 (23 May 2024)

IN THE CIRCUIT COURT HELD AT ACHIMOTA, ACCRA ON THURSDAY, THE 23RD DAY OF MAY, 2024 BEFORE HER HONOUR AKOSUA ANOKYEWAA ADJEPONG (MRS.), CIRCUIT COURT JUDGE CASE NO.: D6/050/24 THE REPUBLIC VRS SAMUEL BEKOE ACCUSED PERSON PRESENT A.S.P. STEPHEN AHIALE FOR THE REPUBLIC PRESENT NO LEGAL REPRESENTATION FOR ACCUSED PERSON CONSENT JUDGMENT THE CHARGE The Republic v. Samuel Bekoe Page 1 of 4 The accused person herein was arraigned before this Court on 3rd January 2024 charged with three counts of the offence of Issue of False Cheque contrary to section 313(A)(1)(b) of the Criminal Offences Act, 1960 (Act 29). THE PLEA The accused person pleaded not guilty to all the three counts after the charges had been read to him. FACTS The brief facts of the case as presented by the prosecution are that, the complainant Eugene Boakye is a businessman and a resident of Paraku Estates Sakumono-Accra. Accused person Samuel Bekoe is a businessman resident of Afienya. In 2022, complainant was engaged in a business transaction with the accused person. Accused could not execute the contract as agreed. Complainant demanded for his capital to be paid to him. In July 2022, the accused person issued three postdated Consolidated Bank of Ghana cheques, with cheque numbers 000095, 000096 and 000100 dated 21/10/2022 with a face value of GH¢66,825.00, GH¢37,825.00 and GH¢16,000.00 respectively totaling GH¢120,650.00 to the complainant. On 21/10/2022, complainant paid the cheques into his First National Bank account, but the cheques were returned to him with an indication that there was no funds in suspect’s account. Complainant communicated this development to the accused person, but he failed to act. On 6/12/2022 complainant filed a complaint at the Airport Police Station. The accused person was arrested and he admitted the offence in his investigation cautioned statement. Accused person refunded GH¢20,000.00 to the Police. After investigations, accused person was charged with the offence to appear before this honorable court. The Republic v. Samuel Bekoe Page 2 of 4 REFERRAL TO THE COURT CONNECTED ADR CENTRE During the Case Management Conference of the instant case, the court having regard to the offences the accused person had been charged with and in accordance with section 1 of the Alternative Dispute Resolution (ADR) Act, 2010 (Act 798) and section 73 of the Courts Act, 1993 (Act 459) which enjoins the court to promote reconciliation, encourage and facilitate a settlement in an amicable manner of any offence not amounting to felony and not aggravated in degree, referred the case to the Court Connected Alternative Dispute Resolution Centre for the mediator to attempt amicable settlement between the parties. The mediator submitted the Terms of Agreement of the parties which indicated that there was a successful settlement which was in the Registry of this Court to be adopted by the court as consent judgment. TERMS OF SETTLEMENT The said Terms of Settlement of the parties filed on 16th May 2024 are as follows: “After the end of a successful mediation session the parties have agreed on the terms of settlement as follows: 1. That the Respondent has admitted to owing the complainant an amount of Eighty Seven Thousand Six Hundred and Fifty Ghana Cedis (GH¢87,650) 2. That the Respondent agrees to pay over one year period as follows: i. 20% of amount made up of Seventeen Thousand Five Hundred and Thirty Ghana Cedis (GH¢17,530) on 30th August 2024. The Republic v. Samuel Bekoe Page 3 of 4 ii. 20% of amount made up of Seventeen Thousand Five Hundred and Thirty Ghana (GH¢17,530) on 29th November 2024. iii. A third instalment of Twenty-Six Thousand Two Hundred and Ninety-Five Ghana Cedis (GH¢26,295) on 28th February 2025. iv. A final payment of Twenty-Six Thousand Two Hundred and Ninety-Five Ghana Cedis (GH¢26,295) on 30th May 2025. Payment shall be made into the following account: Account Name: Eugene Boakye Bank: Zenith Bank Ltd Spintex Branch Account Number: 9060723635” The Terms of Settlement dated and filed on 16th May 2024, signed by the accused person, the complainant and the mediator are hereby adopted by the Court as consent judgment of the Court in the instant case. In the circumstances, the case is struck out as settled. The accused person herein is accordingly discharged. [SGD.] H/H AKOSUA A. ADJEPONG (MRS) (CIRCUIT COURT JUDGE) The Republic v. Samuel Bekoe Page 4 of 4