Kuwait Court of Cassation principle number 758

The offence of issuing a cheque without existing and disposable funds to cover payment. Its establishment: when the drawer issues the cheque to the beneficiary knowing that there are no funds available for withdrawal to cover it. Specific intent therein. Not necessary. It suffices that the person issuing the cheque knows that it has no existing and disposable funds to cover payment. The motive for issuing it. Has no effect on the establishment of criminal liability. The reason therefor. - Issuing a cheque in the female beneficiary's name in a manner whose appearance and wording indicate that it is an instrument of payment and discharge payable upon presentation, and delivering it to her voluntarily. Establishes the material element of the offence. The drawer's knowledge, when drawing up the cheque and delivering it to the female beneficiary, that there are no funds available for withdrawal to cover it. Establishes the specific intent necessary for the offence to be constituted against him. His contention that he issued the cheque as a guarantee and security for a commercial transaction with the female beneficiary. Does not detract from this. The challenged judgment's departure from this view. An error in interpreting the law. Vitiates it and requires its cassation.