Compensation for monetary and psychological harm is granted by a Dubai civil court. After it was established that a man had purposefully changed a check to prevent it from being cashed, the Dubai Civil Court of First Instance ordered him to pay Dh2,347,000 to the person who had lent him the money. According to Emarat Al Youm, the court also granted Dh50,000 in compensation for the monetary and psychological harm. According to court records, the claimant filed a complaint seeking Dh600,000 in compensation, legal interest, fees, and expenses in addition to the repayment of the Dh2.347 million check.
He informed the court that the defendant had written a check in his favor and owed him the money. When he went to cash it, the bank declined because they saw that the amount printed on the check did not match the digits on it—a purposeful conduct that rendered the check void. The defendant was sent to the criminal court when the claimant reported the incident to the police, and the court found him guilty of issuing a check in a way that precludes it from being honored. He was fined Dh234,746. The claimant claimed that he filed a civil lawsuit after constantly requesting restitution but receiving nothing.
He claimed that the delay in regaining his rights caused him emotional distress and financial hardship since he was unable to access his money. He demanded compensation of Dh600,000. The defendant’s attorney contended that since the action was not brought through a payment order as required by law, it should be dismissed. In addition, he asked that the case be put on hold until the criminal decision was appealed. As an alternative, he requested the appointment of a financial expert, arguing that the check was a security device rather than a payment instrument. According to the claimant’s attorney, the defendant had not offered any proof of a business deal or financial connection to support withholding payment, and the check is a final form of payment under UAE law.
The defendant did not offer any paperwork or contracts demonstrating a commercial disagreement or another purpose for issuing the check, and the court ruled that a check is considered to represent a genuine debt unless proven otherwise. It concluded that changing the check to stop it from being cashed did not release him from the obligation to pay back the loan. In its final decision, the court mandated that the defendant pay Dh2,347,000 in full, plus Dh50,000 in compensation and interest at a rate of five percent per year from the due date till payment. In addition, he was mandated to pay court charges, expenses, and legal fees.
