Questions & Answers
Claim for damages due to the misuse of a guarantee cheque
I would like to file a case and claim damages for mental agony. In 2002, I had given a blank undated and unnamed cheque against a signed document for a commercial transaction.
The transaction was completed and the cheque was not returned.
In 2005, the said cheque was presented and it bounced. The cheque was handed over to a 3rd person (my ex-employer).
This 3rd person handed over the cheque to a 4th person whom I do not even know. The 4th person deposited the cheque and got it bounced and filed a police complaint.
This 4th person has apologised for his action. I forgive him but want strict action against the individual/company to whom I had given the cheque.
The details were filled in as "Cash" on a cheque and only the signature on cheque was mine.
Our family was on vacation in India with me in 2005, were forced to stay back in India, till date. The whole family and professional life destroyed.
In 2016, thru friend in DXB, I got the complaint cancelled from Public Prosecution Office.
Dear Questioner,
Thank you for contacting me online.
Since this cheque was a cash cheque, the holder in due course can present it, and if bounced, can initiate legal proceedings also.
First of all, I need to know what are all the documents there with you to substantiate your case.
Was the so-called apology mentioned above in writing or just verbal?
The details mentioned in the judgment for cancellation of the complaint also are to be looked into. If these documents support you, you can move a claim for damages.
Please contact me on 0556635526 or on ar@alnassaradvocates.com if you need any kind of legal assistance in this regard.
Regards,
Anitha Rajeev
