The Dubai Civil Court ruled that an Arab man must reimburse the sum of 1.7 million dirhams and compensate the creditor for damages. The decision was made after establishing the fact that the check was intentionally prepared using a special correction fluid that altered its details over time, rendering it invalid when presented to the bank.
Court Ruling and Compensation
The court ordered the defendant to return the full amount of the check, as well as pay statutory annual interest of five percent from the payment due date until the debt is fully repaid. Furthermore, the plaintiff was awarded compensation of 30,000 dirhams for material and moral damages suffered during the years-long legal dispute.
Criminal Conviction and Civil Claim
This civil ruling followed the defendant's conviction by criminal courts for intentionally issuing a forged check. He received one year in prison and a fine, and the indictment was upheld by the appellate court, becoming final after no further appeals were lodged with the Court of Cassation.
History of the Dispute with the Bank
According to court records, the conflict began when the plaintiff handed over 1.7 million dirhams to the defendant and received a check as security for the payment. Initially, the check contained all necessary information. However, when the plaintiff presented it to the bank within the specified period, the bank refused to accept it, discovering that the details had been altered by using a special correcting agent designed to change or fade over time, thereby stripping the check of its legal validity.
Conclusions of Criminal Justice
The plaintiff then filed a criminal complaint, alleging that the check was deliberately prepared using a deceptive method to prevent its cashing. In its verdict, the Civil Court noted that the final decisions of criminal courts are binding on civil courts regarding the commission of the offense, its legal classification, and the defendant's liability. The court established that the criminal ruling conclusively proved the defendant's intentional use of a deceptive method to prevent payment of the check, which formed the basis for the plaintiff's financial claim.
Moreover, the court ruled that the defendant unjustly enriched himself at the expense of the plaintiff without legal grounds, while the plaintiff was deprived of 1.7 million dirhams for years and forced to engage in lengthy criminal and civil proceedings to recover the funds. The court emphasized that the protracted legal process caused the plaintiff both financial losses and emotional distress, justifying the award of compensation. In addition to the requirement to return the full amount and statutory interest, the court awarded 30,000 dirhams as damages, as well as legal costs and expenses.