Dubai Commercial Court ordered a man to pay another Dhs6.4 million, the value of two cheques, along with a legal interest of 5% as of August 1, 2023, until full payment, in addition to fees, expenses, and attorney fees.
In detail, a man filed a lawsuit before the Dubai Commercial Court, requesting that another be ordered to pay an amount of Dhs6.4 million, the value of two cheques issued in his favour, along with legal interest of 5% from the due date until payment.
The plaintiff explained that the appellee issued him two cheques, the first worth Dhs2.2 million and the second worth Dhs4.2 million, to be cashed in July and August 2023, however, he asked him not to present them to the bank on their due dates, taking advantage of their friendship, and continued to make repeated promises to pay.
The plaintiff added that after the legal period for presenting the cheques expired, he tried to cash them but was unable to do so because their due dates had passed, so a legal notice was sent to the appellee demanding debt settlement, but he did not respond, which prompted him to resort to court.
The plaintiff submitted to the court copies of the two cheques, their return statements, the legal notice, and proof of notification, while the appellee did not attend the court hearings despite being legally notified.
The court affirmed that a cheque is legally considered a settlement of a due debt, and that the appellee did not provide evidence proving payment of the debt or the cessation of the reason for their issuance, therefore, the presumption of debt remains standing.
The court also concluded that the appellee’s liability for the value of the two cheques amounting to Dhs6.4 million was proved, so it ruled to oblige him to pay the full amount, with a legal interest of 5% per annum starting from August 1, 2023, which is the maturity date of the last cheque, until full payment, as well as obliging him to pay fees, expenses, and attorney fees.