News and Articles
Monday, 14 October 2019 11:08
Court of Appeal upholds the innocence of a Manager of a Car Maintenance Center from the accusation of committing a Commercial Fraud not repairing the car.
Court of Appeals upheld the preliminary ruling on the acquittal of a manager of car maintenance center from the charge of commercial fraud by waiving off the penalty of closure for one month and only fining him of K.D. 100 for the charge of not repairing the car.
For the details of the matter, the case involved a plaintiff purchasing a car from the car agency against which a suit was raised. The complainant upon using it discovered that there were many shortfalls for which he performed a technical inspection and based on the reports resorted to filing a complaint before the prosecution stating that there was commercial fraud on the vehicle in question. The defendant was represented by Lawyer Fawaz Khalid Alkhateeb, of the Law office of Abddulaziz and Khalid Taher Alkhateeb of Taher Group Law Firm. Lawyer Fawaz went on to defend the accused and requested the court to acquit his client based on the evidence he presented that the charge did not exist nor materially nor morally. Lawyer Fawaz pointed out to the contradiction in the oral evidence with the technical evidence, and the adoption of the investigation in non-translated papers, in addition to proving the fact that the company itself is a legal entity which has its own legal representatives and that the representatives cannot be sued instead and therefore the defendant was not responsible for the charge filed against him. Accordingly, the Court of First Instance went on to acquit the accused of the charge of commercial fraud a, while the verdict on the second charge of a fine of KWD 700 and closure of the company for one month was appealed by Lawyer Fawaz who went on to present his evidence and plea as to why it should not be applied. The Court of Appeals ruled in favor of the accused and acquitted him from the first charge, cancelled the closure, and amended the fine for the second charge to KD 100.