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[Sir Tigger KC]

I believe that in the eyes of the law, if someone gives you a cheque knowing full well that it will bounce, then that is fraud.....

What if someone gives you a cheque, leads you to believe all is well and then stops it? Is that fraud?

Thanks in advance to any Legal Eagles... 

[Plomien]

It is theft as they have received goods and not paid for it.
I had to deal with a similar case in work.
This is why chqs are being phased out just send a bill payment, most banks will do upto £10k for free anyway

[Dishevelled Den]

The reason given for the cheque being stopped is an operating factor in cases like these and can complicate the investigation of any allegations of criminal behaviour.

A legitimate trading dispute or a he said-she said situation can cloud the issue, particularly if the person ‘accused’ has no history of criminal behaviour.

The Fraud Act 2006 tidied up some of the more debatable parts of the Theft Act 1968 (and subsequent amendments) so Section 2, Fraud by false representation or Section 11 Obtaining services dishonestly may be of help.

The proof needed to indicate the mens rea (guilty mind) of the person accused of tendering the 'bad' cheque is another matter however – and one not always easy to establish short of an admission - although any factual evidence gained during the investigation, such as antecedent history for like offences or obvious evidence of a poorly conducted bank account (or absence of a bank account), can help to indicate a guilty mind.

[Sir Tigger KC]

Thanks for the replies. As you probably guessed I have a financial dispute going on and your advice is very useful!! 

[Danny]

if something's been bought with a cheque, i'd never part with goods til the cheque's cleared

[STMO123]

if something's been bought with a cheque, i'd never part with goods til the cheque's cleared

Cheques are very dodgy. Even once cleared they can still be reneged on. I only ever use them when dealing with family or large companies.