- An appeal in cassation can only be filed against final judgments issued by the Court of Appeal. Reason and basis thereof?

- Filing an appeal in cassation against a judgment issued in absentia shall not be admissible, except after adjudication of the opposition or the lapse of the time-limit prescribed therefor, so long as the initiation of the opposition proceedings is admissible.

- In order to become final, a judgment shall be issued in absentia and not challenged by way of opposition. Skipping that stage would prevent the Public Prosecution from filing of an appeal in cassation against it, as it will be considered premature.

- The documents contain no indication as to the respondent’s notification of the judgment issued against him in absentia. Result thereof. The judgment shall not be deemed final. Effect thereof: Inadmissibility of filing a cassation against it.

Whereas, in the facts - as apparent in the contested judgment and all documents of the cassation - the Public Prosecution referred the respondent to the criminal trial, for having on 25/8/2018 in the Department of Ajman:

Given in bad faith, the unfunded and non-withdrawable cheque whose description and value are stated in the minutes .................. in the manner set out in the documents,

and requested that he be punished in accordance with Article 401/1 of the Penal Code and Article 643 of Federal Law No. 18 of 1993 on Commercial Transactions.

In the session dated 24/2/2020, the Court of First Instance ruled in absentia to sentence the defendant to three-month imprisonment for the charge against him and ordered the withdrawal of the cheque book therefrom and that he be deprived of new books for a period of three years and imposed upon him to pay the judicial fees. After the convict filed an opposition against the judgment before the present court, it ruled in the session dated 9/3/2020 to accept the opposition in form, and in the merits to reject it and to confirm the judgment, subject matter of the opposition. The convict filed an appeal against this ruling under No. 288 of 2020. In the session dated 19/4/2020, the Court of Appeal ruled in absentia to accept the appeal in form, and in the merits to modify the sentence into punishing him only with a fine equal to three thousand dirhams for the charge against him and to cancel the part relating to the withdrawal of the cheque book from him and the order to be denied new books for a period of three years, as mentioned in the enacting terms of the judgment, and confirmed the ruling as to imposing upon him to pay the judicial fees payable to the Court of First Instance and the Court of Appeal. The Public Prosecution did not accept this judgment, and therefore, it filed against it the present appeal in cassation.

Whereas the Public Prosecution objects to the contested judgment on account of its violation of the law and error in its application, since the court did not rule the termination of the criminal case due to payment, although the respondent has deposited the full value of the cheque in the court’s treasury in favour of the complainant, which renders the contested judgment defective and necessitates its reversal.

Whereas it is prescribed - as per the ruling of the present court - that filing an appeal in cassation is not admissible except against final judgments issued by the Court of Appeal, based on the fact that as long as there is a usual means to challenge a ruling and where this challenge may lead to its cancellation or modification, then such means shall be followed before resorting to the institution of the cassation proceedings against it, which constitutes an unusual means of appeal, and therefore, an appellant may not file an appeal in cassation against a judgment issued in absentia, except after adjudication of the opposition or the lapse of the time-limit prescribed therefor, so long as the initiation of the opposition proceedings is admissible.

Whereas it is proven from the notes of the contested judgment and the minutes of the sessions that the judgment was issued in absentia and has not been challenged by way of opposition as required to become final, and that skipping the said stage would prevent the Public Prosecution from filing of an appeal in cassation against it, as it will be considered as premature; it is also established that the documents contain no indication as to the respondent’s notification of the judgment issued against him in absentia to be considered final upon the lapse of the time limit prescribed for its challenge by way of opposition, and therefore, the court hereby rules the inadmissibility of the cassation.