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Abu Dhabi, UAESunday 16 December 2018

Woman duped by brother over Dh900,000 bounced cheque is spared jail

Defendant was unaware family business did not have funds to honour payment

A woman who was deceived by her business partner brother when issuing a Dh900,000 bounced cheque has won her appeal against a three-year jail term.

The Indian defendant, 33, put "blind trust" in her sibling, who ran day-to-day operations at their business, when signing off on the cheque, which she was unaware could not be honoured due to insufficient funds.

She was convicted of issuing the bounced cheque in her absence by Abu Dhabi Criminal Court of First Instance.

The defendant was granted a retrial, due to the sentence being passed in her absence, and had the term cut to two years before she took her case to the Court of Appeal.

Her lawyer, Mohammed Awami Al Mansouri told the court that his client was deceived by her brother.

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He said that his client was made manager of the company they operated, but it was her brother who was actually running the business.

“She blindly trusted her brother when he had her sign all business-related documents, including cheques,” said Al Mansouri.

Al Mansouri presented documents to court to prove his client was not aware of the company’s day-to-day operations and that her part was merely restricted to signing documents.

“He knew that the victim lodged a complaint when the cheque bounced, but he didn't even warn his sister,” said Al Mansouri.

Her brother subsequently fled the country.

The court of appeal revoked her prison sentence and fined her Dh50,000 instead.