Judges dismiss case as claimants fail to prove contractual link in suspicious transaction
Dubai: A commercial partnership between three individuals ended in both criminal and civil proceedings after two partners accused a third and four others of breach of trust and deception over what they described as a “suspicious deal”, a court heard.
Prosecutors referred the case to the Dubai Criminal Court, which acquitted the defendants. The dispute later moved to the civil court, where the two partners sought Dh3.899 million jointly from the defendants and demanded the return of two cheques worth a combined Dh12.95 million, or payment of their value. The court dismissed the claim, Emarat Al Youm reported.
According to case papers, the dispute arose after the first defendant told his partners he had strong ties with two companies able to supply electrical products at competitive prices. The claimants issued purchase orders worth about Dh16.8 million and transferred Dh2.899 million to one company and its manager, and Dh1 million to another. Two cheques covering the remaining balance were handed to the first defendant, allegedly to be presented after delivery.
The plaintiffs argued the cheques were cashed before any goods were supplied, prompting a criminal complaint that ended in acquittal and referral of civil claims.
In its ruling, the court said the burden of proof lies with the party making a claim and that “liability is an exception to the presumption of innocence”. It found no evidence of a binding contractual relationship between the claimants and the two companies, noting unsigned quotations and no proof the purchase orders were received.
The court also said one company’s trade licence did not cover electrical goods, weakening the claim of a supply obligation.
Regarding the cheques, the judges found no evidence they were conditional or lacked lawful cause, describing the plaintiffs’ arguments as “unsupported assertions”.
A counterclaim seeking Dh2 million in damages for alleged abuse of litigation was also rejected. The court said the right to seek judicial redress is guaranteed and that an acquittal alone does not prove malicious prosecution without evidence of bad faith.
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