Kuwait Court of Cassation principle number 784

The offence of issuing a cheque without existing funds available for disposal. Its establishment. Its cases. - The issuer’s knowledge that the cheque has no funds to cover payment available for disposal. Sufficient to establish criminal intent. - The motives that prompted the cheque’s owner to issue it have no effect on the establishment of criminal liability. - The general rule is that drawing the cheque and delivering it to the drawee constitutes payment like payment in cash. Its effect. The drawer may not recover its value or act to delay its payment to its holder. The exception. Its cases. Exercising a right prescribed by law. Is considered a ground of justification, or obtaining the cheque through an offence involving the taking of property. Its condition. The existence of funds to cover the cheque. Example concerning the drawing of cheques.