Dubai man urges review of 'forged' cheque case

French national says US$230,000 bounced cheque was stolen and doctored by business partner after dispute

(Image for illustrative purposes)

(Image for illustrative purposes)

A French software engineer, found guilty of bouncing an AED850,000 (US$230,000) cheque in 2007, is urging authorities in Dubai to reopen his case in a bid to reclaim the money he claims is rightfully his.

The man, DA, who claims the cheque was stolen and forged by his former business partner following a dispute, is appealing for police in the emirate to send the cheque to an independent forgery expert for review.

“I have been challenging the police to review this case since 2008. I have submitted hundreds of applications to have the cheque returned to me and sent to an independent expert because it is not a legitimate bank note,” he told Arabian Business

“The whole experience has been a nightmare; it is illegal money that has become legitimate,” he added.

DA was sentenced to six years in jail for bouncing a cheque – a criminal offence in the UAE – but saw his sentence reduced to six months on appeal. The French national was forced to hand over the money, held at the time in a bond at a Dubai court, to his former business partner in order to escape his prison term. He has been contesting the case ever since.

The HSBC Premier account cheque had been written and voided during a separate transaction before it was taken and forged, said DA.

“The cheque had two crosses through it with void written through the middle. The cheque disappeared and became AED850,000, which was then presented to the bank.

“The cheque I wrote was in blue ink for AED20,000 but when it [was given to the bank] all of the blue ink had disappeared and everything was written in black. It also had many scratches on it,” he said.

In a court report the General Department of Forensic Science said the cheque had not been forged nor the amount mentioned altered. But an independent laboratory in Abu Dhabi, which specialises in handwriting and ink analysis, confirmed the signature was forged.

“There are no more further legal rights [for me] to follow… the case is technically closed but for me there is no case closed. The authorities in Dubai must review this investigation. The cheque is with the prosecutor’s office… I just want an independent expert to review the original cheque.” 

Following a request for comment from Arabian Business, a spokesperson for Dubai Police said that the statute of limitations, the time frame for the enforcement of a civil claim, “will not hold any legal power” if the case is over seven years old.

HSBC Middle East did not respond to a request for comment.

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Posted by: Mohammed Bin

I am local citizen and I am suffering from injustice from state owned companies that are run by non UAE citizen.

You should know before doing business here that all the laws are witten as per the East India Company time (1800) to cover their intest and safeguards there partners, can be highlighted in following, that do not to benefits of the individuals weather citizens or none:

1) Bank and money Lenders.
2) Companies especially the large Business group ( state backed).
3) Credit is never given on actual credit report but always made on post dated cheques that stand the grantee, the Prison threat.
4) Monopoly - The Economy is not based on real needs but , on the construction booms that is started from time to time by one Monopoly creator .
5) No Transparency of what the real market wants so small business people can plan accordingly. What is the picture in the next 20 years .
6) No Bankruptcy Laws.
9) Against the Social and Medical
10) Intest Rate .
11) Communication & more?

Posted by: Couca

....whatever will be the outcome of this case even when if the partner get caught , who will be paying the damages and all what this guy had to go threw,the loss of business due to money he has lost ,money that would have enabled him to make more of his business life in the U.A.E....The real problem is what this man has lived, priceless psychologically and financially!!...and the question how did he survive all those years? what if he never had this money and had to take a loan to pay for what he has not done....

Posted by: peter peter

It seems the bank was partially at fault for accepting the cheque for clearance in the first place. With the amount of money involved , and the nationality of the partner kept secret there will always be doubts about the wheels within wheels that made this all happen.

In the interest of justice and fair play Dubai police must make the cheque available for inspection by some unbiased international laboratory. Otherwise this will be one more case which reinforces the increasingly common perception that in Dubai there is no guarantee or either fair play or natural justice.

Posted by: Jeddy

With scratches and over wrtings teh bank shoudl have questioned the cheque before it was cleared. I once wrote a cheque in red ink and the bank called me to verify before presenting it for clearing.

Posted by: Andy

@ Doug lol.. The nationality of the partner which is the most crucial part of the whole court case almost always is not mentioned in the local media. This does not require Einstein to figure out who the partner in this case was.

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