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Submit Before Enforcement Court Risks of Unconsidered Checks
The article explains that the check system in Saudi Arabia considers a check to be an enforceable instrument, allowing the beneficiary to execute it through the Enforcement Court within 7 months of the date of issuance if issued within the kingdom, or 9 months if issued outside. This is contingent upon the check being complete with all required elements and compliant with the system. Issuing a check without sufficient funds or for non-payment is considered a serious crime punishable by imprisonment for up to 3 years or a fine of up to 50,000 Riyals. The penalty increases to up to 5 years in prison and a fine of 100,000 Riyals if repeated within a 3-year period. If there are insufficient funds, the beneficiary must file an objection with the bank, then proceed to the police to file a criminal complaint against the drawer, and submit a case to the Enforcement Court, the General Court, or the Commercial Court depending on the reason for issuing the check, to assert their rights. Additionally, the expiration date of the check nullifies the right to enforce it as an enforceable document, rendering it a mere paper that is judged according to its legal appearance. The system also includes clear procedures to address crimes related to issuing checks without sufficient funds, ensuring the rights of beneficiaries and protecting the system from illegal use.
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