‘Liquidated firm owner’ wins appeal in stolen cheque case

A Bahraini entrepreneur was shocked to learn that a cheque had been presented on behalf of a company, which he had closed down over a decade ago. This came to the man’s notice when he was demanded to pay BD5, 000 in return for a cheque that had been allegedly issued under the company’s name without his knowledge in 2014, five years after the business was closed and liquidated. The man had earlier reported to the police that the cheque book of the company was stolen from his office.  

The matter was taken to the court, as an unknown individual used the cheque to purchase a vehicle from another man, who demanded that the amount should be paid by the defendant, being the owner of the company. The lower court ordered the defendant to pay the amount to the plaintiff, which was challenged before an appeals court.

Aisha Thani, the defendant’s lawyer, explained that her client had shut down the construction and building company he owned back in 2009, adding that he also cancelled the company’s bank account. However, she also said that the cheque had been stolen and misused by an unknown individual to purchase the vehicle from the complainant for BD5,000. Ms Thani pleaded to the judges that her client isn’t guilty as he had no knowledge about the purchase of the vehicle, neither the buyer nor the seller.

The lawyer said the previous verdict was issued by the court without investigating the authenticity of the cheque and only reviewed a copy that the complainant had provided. As the case was referred to the Civil Court of Appeal, an expert’s report was requested. The report mentioned that the cheque was issued on January 26, 2014, five years after the defendant’s company was officially closed.

 The report also showed that the complainant has changed the date on the cheque. Ms Thani confirmed that the court yesterday accepted her client’s appeal, acquitted him from paying the amount mentioned in the cheque and rejected the plaintiff’s lawsuit.