Penal - Rol O-932-2019

FACTO CHILE S.A. initiated preparatory proceedings for cheque protest against CRISTIAN ANTONIO WEISSER PUSCHEL for CLP $3,900,000. The parties signed a settlement agreement where the defendant acknowledged a debt of CLP $3,596,000, agreeing to pay via seven cheques. While the first four cheques were paid, the subsequent three were dishonoured due to a "discrepant signature" stemming from a no-payment order issued by the defendant. These cheques were for CLP $1,183,000 each, dated December 28, 2018, January 25, 2019, and February 25, 2019, and were protested on January 2, 2019, and January 8, 2019. The court found that the defendant entered into the transaction with the intent to defraud FACTO CHILE S.A., feigning payment of the initial cheques and issuing a stop-payment order for the remaining ones.

• Case Basic Data: * Court: Juzgado de Garantía de Valdivia * RUC: 1910009028-K * RIT: 932-2019 * Sentence Date: November 4, 2024 * Procedure Type: Simplified

• Credited Facts: * FACTO CHILE S.A. filed preparatory proceedings for cheque protest against Nombre in the Segundo Juzgado Civil de Valdivia (Rol C-1145-2018), for a total of $3,900,000. * The protest of four cheques for "order not to pay" was notified. * On September 26, 2018, Nombre and FACTO CHILE S.A. signed a settlement agreement at the Carmen Podlech Notary's Office in Valdivia to settle the debt, with the defendant acknowledging owing $3,596,000. * It was agreed to pay the debt with seven cheques from the defendant's current account (Banco BCI N° 52330672) in favour of FACTOCHILE S.A. * The first four cheques were paid. * The last three cheques were protested for "discrepant signature" due to the no-payment order issued by the defendant. * Cheque Series 4551856: $1,183,000, drawn on December 28, 2018, protested on January 2, 2019. * Cheque Series 4551857: $1,183,000, drawn on January 25, 2019, protested on January 8, 2019. * Cheque Series 4551858: $1,183,000, drawn on February 25, 2019, proteste...