DCC 372, 403/2005

This case involved a guaranteed cheque which had bounced. Issues included whether the guaranteed had expired so no money was owed for it and if incorrect interest could be used as a grounds for appeal.

Background

A Plaintiff filed proceedings against the First and Second Defendants before the Dubai Court of First Instance under roll (26/2003) seeking that the first Defendant pay 4.4 Million AED and the Second Defendant, who the Plaintiff alleged issued cheques to the Plaintiff to support the First Defendant's liabilities, 2.3 Million AED, which was the amount of the cheques issued.

The Plaintiff alleged that as part of its dealings with the First Defendant, the First Defendant accrued a liability for the amount claimed, and the Second Defendant issued two cheques to support that liability, one for 1.2 Million AED and the second for 1.18 Million AED.

The Plaintiff alleged that when the cheques were presented to the bank, both bounced which led the Plaintiff to file criminal proceedings under roll (5871/2001) against the Second Defendant on the grounds of fraud.