Following on from the last post, what is the offence of cheating? If I borrow money from you and I fail to pay despite promising to do so, this is not necessarily cheating. Similarly, If I sell you my land then refuse to sign the transfer form after you paid me, again this may not be cheating. You may sue me for the loan or for the purchase price. If you report the matter to the Police however, you may be advised not to bother.
But why, you may ask? Well, in law a breach of promise on its own is not sufficient to make the conduct an offence. The law requires that when the promise or representation was made, there was also an intention to deceive. To put it simply, it would be cheating if the land I'm selling does not exist or if when I get the loan, I have already booked a one way ticket to Bora-Bora. Paying a bounce check is only an offence when I know that balance in my account is insufficient to cover the amount stated in the cheque. Now you know why many shops refuse to accept personal cheques. Cash wins every time.
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