Mansuku Mohan Mawji v. R., Crim. App. 656-D-67, 20/12/67, Biron J.

Mansuku Mohan Mawji v. R., Crim. App. 656-D-67, 20/12/67, Biron J.

Accused altered a cheque for Shs 100/- endorsed to him, so that it read Shs. 400/- He was convicted of stealing government property (the cheque was drawn on and cashed at the National Band of Commerce, and sentenced to two years’ imprisonment and twenty-four strokes under the Minimum Sentences Act.

Held: (1) This is a case of obtaining money by false pretences, not one of theft. Conviction was quashed because obtaining money by false pretences is not a scheduled offence under the Minimum Sentences Act. Because of this fact, it does not matter that the money involved belonged to the Government. Conviction under P.C. s. 302 was substituted and a shorter sentence imposed. (2) The Court stated, obiter; Since the banks are nationalized in Tanzania, cashing a forged cheque in the National Bank of Commerce constitutes a taking of Government property. It is no less so because the bank may have a right of indemnity against the drawer of the cheque.