Signing the check for his brother

The “appeal” refuses to compensate a dealer in a case of an unpaid check

The Abu Dhabi Court of Appeal upheld the judgment of the Court of First Instance, rejecting a compensation lawsuit filed by a merchant against a woman and a bank, after he was accused of issuing a check without balance, which led to his precautionary detention for 14 days, despite the first being aware that the plaintiff does not represent the company issuing the check.

The details of the case are due to the first defendant opening a complaint against the plaintiff on the accusation of issuing a check without balance, which led to his precautionary detention for 14 days, knowing that the plaintiff does not represent the company issuing the check, and the check was challenged by forgery and the criminal evidence report proved that the signature removed by the check Not for the plaintiff, but for his brother, and a misdemeanor against his brother was restricted.

The second defendant “the bank” participated with the first defendant, when he issued a letter stating that the account of the company issuing the checks was closed, and that the plaintiff was authorized to sign the checks, which caused him material damage, because he works in trade and investment business, and the period of imprisonment he spent in reserve affected The case is responsible for his actions other than psychological and physical harm.

The plaintiff filed a lawsuit at its conclusion requesting the judgment to oblige the defendant to pay compensation for the material and moral damages he suffered, and the loss he suffered and compensate him for the missed gain while obliging them to pay fees, expenses and attorney fees, and the plaintiff attended by an attorney (lawyer), while the second defendant’s bank agent presented a memorandum A response in which he requested the dismissal of the lawsuit due to lack of validity and proof, and in it it was decided that the second defendant’s role is to issue a statement to close the account only, and no one represented the first defendant despite its announcement, and the court of first instance ruled rejecting the case and obligated the plaintiff to pay the expenses.

The plaintiff did not accept that judiciary, so he appealed the appeal, and presented a memorandum at the end of which the appeal was accepted in the form and in the matter the judgment was annulled and the judiciary had its requests. He also submitted an explanatory memorandum in which he declared to the judgment his error in applying the law and not being informed of the reality of the case, and his harm from the action of the appellant against him. Of his compensation, in addition to the court's initial attention to the submitted document that proves that he is authorized to sign on behalf of the company, which is a false statement that resulted in his imprisonment for 14 days, and that he suffered damage to his money and himself, so he deserves compensation for that.

The Court of Appeal affirmed in its ruling that a person resorting to a complaint, reporting or resorting to the judiciary and rejecting his complaint, communication or lawsuit “which is the legal means to protect the right” does not necessarily and in any way necessary that his use of that right was an unlawful use, and the court ruled to accept the appeal in form, and in His subject matter is his rejection, the confirmation of the judgment, and the obligation of the appellant to pay the expenses including attorney fees.

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