Evasion of liability by deception

(1) Subject to sub-section (2), where a person by any (a) dishonestly secures the remission of the whole or part of any existing liability to make a payment, whether his own liability or another’s; or (b) with intent to make permanent default in whole or in part on any existing liability to make a payment, or with intent to let another do so, dishonestly induces the creditor or any person claiming payment on behalf of the creditor to wait for payment (whether or not the due date for payment is deferred) or to forego payment; or (c) dishonestly obtains any exemption from or abatement of liability to make a payment, he shall be guilty of an offence. (2) For purposes of this section “liability” means legally enforceable liability; and sub-section (1) shall not apply in relation to a liability that has not been accepted or established to pay compensation for a wrongful act or omission. (3) For purposes of sub-section (1) (b) a person induced to take in payment a cheque or other security for money by way of conditional satisfaction of a pre-existing liability is to be treated not as being paid but as being induced to wait for payment. 117 (4) For purposes of sub-section (1) (c) “obtains” includes obtaining for another or enabling another to obtain.