"Dubai Misdemeanors" punished him with imprisonment... and the "Appeal Court" overturned the sentence

A visitor seizes a car worth a million dirhams in exchange for a check in the name of a woman

The court clarified that the charge against the accused is the use of a valid check in the name of someone else without balance.

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The Dubai Court of Appeal overturned a ruling by a court of first instance to two months in prison and deportation from the country against a European visitor who was convicted of seizing a luxury Bentley car worth one million and 50 thousand dirhams, after he expressed a desire to buy it from a showroom and paid a deposit (75 thousand dirhams). In addition to a check for the rest of the amount, it was later revealed that it was in the name of a woman and drawn on an account closed seven years ago.

The victim stated in the investigations of the Public Prosecution that the accused expressed a desire to buy a luxury car from the showroom, and they agreed to sell a “Bentley” vehicle, pointing out that the accused paid 75 thousand dirhams of the contract value, provided that he completes the amount within two days of completing the deal, and obtained The car and left the place after giving him a check in the name of an African woman for the rest of the agreed amount, given that he is a visitor and does not have a bank account.

The victim added that the accused disappeared after that, and completely ignored his contacts for five months, and did not complete the price of the car, and when he presented the check to the bank to cash the amount, he was surprised that the account had been closed since 2015.

By asking the accused in the police inference report and the investigations of the Public Prosecution, he denied the accusation attributed to him, stating that he went to the showroom with his driver to buy a car, and a “Bentley” vehicle caught his attention, so he agreed to buy it for one million and 50 thousand dirhams, and he paid a deposit of 75 thousand dirhams for the deal. In addition to a guarantee check written in the name of a woman his driver knows, since he does not have a check book, and then he signed the contract and brought the vehicle to his home.

The accused added that an employee of the showroom called him after a week to complete the amount, so he asked him for a period to collect the money, but he was unable to do so, indicating that the owner of the car called him later, and a heated discussion took place between them, and he offered to return the car again in return for the return of the deposit, but he refused. He refused this procedure and filed a complaint against him.

For its part, the court clarified in the rationale for its ruling that the charge that is formed against the accused is a misdemeanor of using a valid check in the name of someone else without a balance, pointing out that the definite evidence was upright on the validity and proof of the charge against him, as he had handed over the check for the value of the vehicle, and it was returned due to the closure of the account, and he also He did not pay the rest of the price of the car, according to his confession, and then ordered him to be imprisoned for two months and deported from the state.

In addition, the accused appealed the initial judgment before the Court of Appeal, and appeared in person before the court and denied the charge that was assigned to him, while his lawyer submitted a memorandum that concluded with a request for his innocence of the charges attributed to him, and requested provisionally to prove the end of the criminal case by reconciliation.

After examining the case by the Court of Appeal, it ruled that the criminal case had expired in light of the submission of a waiver issued by the victim and documented by the notary public, and annulled the preliminary judgment.

• The accused appealed the initial judgment and appeared in person before the court and denied the charge against him.

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