CLERK FINED

Evening Post, Volume CXIX, Issue 109, 10 May 1935, Page 9

CLERK FINED

VALUELESS CHEQUES

"ACTED WITH ABANDON"

On throe chnrges of obtaining from AlfredXulham sums of money amounting to £17 by Xalso pretences with cheques, Peter Grant Bnllantyne, aged 28, a clerk, was convicted by Mr. W. F. Sliftvell, S.M., in the Magistrate's Court today. He was fined £5, in default one month's imprisonment, on the first charge, and convicted and discharged on the other two. In entering pleas of not guilty for the accused, Mr. A. J. Mazengarb said it was admitted that the cheques had been presented and that there was no money at the bank to meet them. The question was whether the accused had grounds for believing that the cheques would be met. The whole of the money had ultimately been paid to Mr. Lulham. Detective-Sergeant L. Revell said that in March last the accused was staying at the Regent Hotel, of which Mr. Lulham was the licensee, and he presented three cheques for £4, £8, and £5, which the licensee cashed for him. They were drawn on the Bank of New Zealand in Auckland, and a few days later they were returned dishonoured. Ballantyne's explanation to Detective J. G. Long was that he had been employed by R. M. Scelly, of Auckland, to sell shares for the Waikoromiko Sluicing Co., Ltd., and that before leaving Auckland he had arranged with Scelly to pay his wages of £6 a week into the bank at Auckland. He had not received any wages since he had begun the work, and he presumed that his wages were being paid into the bank. His uncle had guaranteed his account for £45, but the accused had drawn cheques against it amounting to £99 16s 6d. Interviewed at Auckland, Scelly said it was not correct that Ballantyne had a weekly salary of £6, and Scelly said he did not know that Ballantyne had a bank account. Ballantyne had sold no shares, and the company was not indebted to him. Mr. Mazengarb said Ballantyne understood that cheques would be met because of his uncle's guarantee. He had received a letter from Scelly in which Scelly said that he would be forwarding money to him. THE POINT AT ISSUE. Counsel said,, and* the Magistrate agreed, that the whole question was whether Ballantyne was justified in assuming that the money was in the bank to meet the cheques. Evidence was given for the defence by Douglas G. Simpson, a manufacturer's representative, of Auckland. He said he knew both Scelly and Ballantyne, and Scelly had mentioned to him that Ballantyne would have to jbe allowed expenses. Ballantyne gave evidence on his own behalf. He said that Scelly had arranged to meet his expenses and give him 15 per cent, commission on the sale of shares. To the detective-ser-geant he admitted that he had once been employed in a bank, so that he was conversant with banking methods. "I'm satisfied he had no justification for. issuing these cheques," said Mr. Stilwoll. It seemed to him that Ballantyne had acted with a certain degree o^ abandon, particularly in view of his training as a bank clerk. Nothing was known against the accused, said Detective-Sergeant Revell. He came of a good family, and had .always lived a good life. The complainant had got his money back. "Funny things are done in the sale of shares," said Mr. Mazengarb, in placing before the Court Ballantyne's precarious position as a share salesman.

Mr. T. P. Mills, the Probation Officer, recommended a fine.