Unified UAE Legislation Database

Federal Supreme Court - Criminal Appeal No. 1705 of 2024 on Cheque Issuance with Closed Account

Status

In force

Issuing Authority

Federal Supreme Court

Effective date

XX.XX.XXXX

Official Link

https://

Session on Tuesday, February 11. 2025
Headed by Judge Mohamed Abdel Rahman Al-Jarrah, Head of the Department
and with the membership of Judges Khalid Mustafa Hassan and Islam Abdulhadi Al-Deeb.

 

(1-6) Commercial Transactions "Commercial Papers: Cheques: Refusal to Pay: Account Closure". Crimes and Penalties "Crime: Elements of Crime Criminal Intent in Cheque Crimes".


(1) Closing an account or withdrawing the balance therein or deliberately causing it to be frozen before issuing the cheque or before presenting it to the drawee for withdrawal. The nature of the penalty is based on paragraph (50) of Article 675, of Law No. 50 of 2022.


(2) Criminal liability for issuing a cheque. The motive for issuing it is irrelevant. Condition for this. The cheque must fulfil its requirements as a means of payment in the eyes of the law. The reason for this is that the legislator's intention in imposing the penalty is to protect cheques, which are used as currency in trade and transactions.


(3) The existence of general criminal intent in cheque violations, with the perpetrator knowing that his act prevent...