KUWAIT CITY, Feb 23: The Misdemeanor Section in the Court of Appeals overturned the ruling of a lower court that sentenced a citizen, in absentia, to two years in prison for issuing a dud check of KD 500,000 leading to his acquittal. Lawyer for the accused, Attorney Ali Al- Wawan, argued that the check was issued as part of a commercial agreement between the two parties, through which the complainant would import goods from an Asian country and the defendant would provide payment. When he cashed the check, the complainant discovered that the funds in the bank account of the citizen were insufficient; so he immediately filed a lawsuit against the citizen for breach of trust and issuance of dud check. Since the First Instance Court decided to convict the citizen in absentia , Al-Wawan pleaded before the Appeals Court and explained that the check drawn from the bank was in the name of his client; but there was an agreement between the two parties not to withdraw from the bank until the goods were delivered. He said this agreement was made in front of witnesses, but the complainant quickly went to the bank to cash the check and found that the balance was not enough for the amount mentioned in the check. Al-Wawan continued that his client did not receive the goods and there are no documents confirming receipt of the goods. He added his client admitted that the amount available in the bank was KD350,000 and this was confirmed through the bank statement, meaning he had no intention of committing fraud or deception, and that he asked the complainant for a period of time until the goods arrived in the country, after which he will deposit the remaining amount -- KD150,000.

By Jaber Al-Hamoud

Al-Seyassah/Arab Times Staff