"Dubai misdemeanour" fined her 10 thousand dirhams

A bank sues a woman with a guarantee check

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The Dubai Misdemeanor Court convicted an (Arab) woman, and fined her 10 thousand dirhams, on charges of giving two bad-faith checks to a bank, in exchange for obtaining a loan and a credit card, after the bank informed her against her, despite her commitment to pay the installments due to the loan and credit card, and to pay more than half loan amount.

The accused said in the defense memorandum that she is an employee, and receives a monthly salary that qualifies her to apply for financing a personal loan and a credit card, and the bank is aware of her financial situation, as she deposits her salary with it, and he is the one who suggested financing her with the loan.

She added that she had been getting credit cards and loans almost periodically, and had been committed for 10 years, and had a good record, and the bank had agreed to give her an update of the loan on May 2019 at a value of 320,000 dirhams, and she signed a blank check with that, but she added a note on the back of the check that it is for guarantee .

She indicated that she remained committed to paying the monthly payments until she paid the amount of 207,768 dirhams over two years, without falling behind, until she had problems at work that led to a delay in her salary, but despite that she was committed to paying the dues, until she was surprised to stop her credit card, Although there were no payments on her, and she was even paying more than the installment required to reduce the fees, she was shocked to report it under the guarantee check on the credit card, worth 18,000 dirhams, and another report was made under the personal loan guarantee check that she was paying regularly as well. , pointing out that she had filed a complaint against the bank with the Consumer Protection Agency, and is waiting for an answer to her complaint.

In her payment, the accused also relied on Article 401 of the Penal Code, which states that whoever gives in bad faith a check that does not have a return for payment shall be punished with imprisonment or a fine, explaining that bad faith is not available in her case, as she did not evade payment, but rather committed to paying all amounts She owed her, and she regularly made payments throughout the agreed period, despite her being exposed to work problems that led to a reduction in her salary, demanding that the bank submit proof that the two checks were for security.

For its part, the court stated in the merits of its ruling that, according to its certainty, the bank reported that the accused had given him two checks, and when the representative went to cash them, it was found that the accused did not have sufficient balance, and that she had paid part of the value of the checks, leaving her with 288,502 dirhams. , pointing out that the accused admitted to signing the two checks.

The court stated that with regard to the payment of the accused with the fact that the checks are dependent on a condition, this payment does not affect the establishment of the crime under Article 606 of the Federal Commercial Transactions Law, which states that the drawer guarantees the payment of the check, and every condition exempting the drawer himself under this guarantee is considered as if he had not It is not, and it is not accepted as an excuse that the beneficiary handed over the check as a deposit, mortgage or guarantee, because merely handing over the check means abandoning it and transferring its ownership to the issuer in his name.

The court clarified that the check subject of the lawsuit fulfilled its formal conditions, and it was found that it has no balance and is not withdrawable.

It stated that signing the check in blank, without its editor inserting the value or date in it, does not affect the validity of the check, as long as it fulfills these data before presenting it to the drawee, as its signature in blank indicates that its editor authorized the beneficiary to put the data, and accordingly the court convicted The woman was fined 10 thousand dirhams.

• The woman confirmed that she has been committed to repaying for 10 years.

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