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Claimant Seeking Recovery of the Value of a Cheque Need Not Prove Its Consideration

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image of Arab Law Quarterly

In an action before the Dubai Civil Court by a local establishment against another for the recovery of the value of a cheque, the Court held that a cheque should be considered on its face value, and judgment for its value should be awarded in favour of the beneficiary against the drawer of the cheque, despite any arguments with regard to whether there had been a consideration payable for the cheque. The burden of proof lies on the person who claims that there was no such consideration or that a cheque was drawn for an illegal object, to prove such facts by adducing evidence before the Court, failing which, judgment would be given for the value of the cheque in favour of the beneficiary, if the cheque had been actually drawn on the establishment's account and signed by an authorised signatory.


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