ECC 3646/2000

This case involved whether a claimant should be paid the value of a cheque when the company claimed the cheque notification was fabricated. A criminal ruling which had confirmed the cheque notification was fabricated could be used as evidence in the civil case.

Background

A claimant filed a case against a company before the court requesting the company pay him an amount of money. The claimant said that the company had issued a cheque to his interest but the bank had refused to cash the cheque because the company had claimed that the notification of the cheque was fabricated. The claimant said that the criminal court found him innocent of fabricating the notification.

The court dismissed the case.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision