The study of Civil litigation and Criminal litigation of Bank refusal Cheque payer

Abstract

The object of this study is firstly, to conduct comparative study legislation relating to Offence of civil and criminal litigation to cheque payer in case that Bank refuses payment upon such cheque in accordance to Civil and Commercial Code of Thailand and the Cheque Act B.Ed. 2534. Both of litigation are under same fact however litigation may separate due to jurisdiction on each case. Secondly, it aims to study on problem arising from separate litigation by researching legal document, textbook, legislation, supreme court order and interviewing professional on court procedure in order to acquire knowledge on principle of the Cheque Act B.Ed. 2534, Civil and Commercial code on indemnification from payer as well as criteria on litigation on both civil and criminal offense in order to propose approach of relating law reformation which purposes on litigation to payer who pay such cheque.

The study found that result of criminal and civil litigation is same which is payee is not able to receive money as a result from refusal of bank. In point of Civil litigation, payee bring case to Civil Court in order to receive money from such cheque on contrary for Criminal litigation, it has criminal offense. In order to process one litigation both criminal and civil simultaneously, it is required by law that amount of claim under cheque (one or more) is not over 300,000 baht which is under District Court jurisdiction. If an amount of claim is over than 300,000 baht, it is required to process litigation separately due to law of jurisdiction even it bases on same fact and evident. This will bring burden to parties, witnesses, related legal authority and Courts to involve in both civil and criminal litigations, consequently it would affect on consistent of the judgment.