Kuwait Court of Cassation principle number 929

The offence of forgery of bank documents. Established by fraudulently altering the truth in those documents by the means prescribed by law. - The legally recognised will of the drawer of a cheque. Is established only through his valid signature approved by the bank or the personal signature of a person authorised by him; otherwise, the bank must decline to approve it and pay its value. - An unknown person's signing the cheques and the two transfer orders in the victim's name constitutes the offence of forgery of those documents. This is not altered by the appellants' assertion that the unknown person's signature expressed the victim's will, so long as it has no basis in fact or law. The first appellant's assertion that they were issued as an expression of his will in his capacity as an agent authorised by the victim and thus constitute an expression of the latter's will. Unavailing so long as the agent did not sign in his own name and capacity, and did not disclose this until after the agency had terminated upon the victim's death. The judgment's failure to answer this defence. Does not vitiate it. The reason for this. - Challenging the judgment for failing to answer the appellant's defence that he had no need to forge the victim's signature since he was authorised to sign the documents forming the subject of the accusation. A defence refuted by the reality that he agreed with an unknown person to forge the signature to avoid responsibility for the validity of the transaction had he carried it out as the victim's agent. Failure to answer it. Does not vitiate the judgment.