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November 04, 2017

Can I avoid jail if I pay the back the amount I owe from a bounced cheque?

Question: I own a small company in Dubai. All of our professional communication and dealings with one of our customers are through fax. Now the customer does not want to pay for a service and is denying that they sent us any faxes. Can the documents be used in court if I do not have original copies?

Answer: The Supreme Court of Dubai says that in such cases - when the sender of a fax denies they sent it - you can request the courts to prove that this fax belongs to them or that it was sent from them, To prove your rights, you may ask the courts to give you the permission to correspond with the telecommunications agencies who can confirm who the fax number belongs to or you can bring witnesses to testify that they were the senders of the faxes.

Question: I am an Asian citizen and a resident of the UAE. I gave someone a cheque that bounced due to insufficient funds so the other party filed a criminal case against me. I was sentenced to jail and lost my appeal against the judgement. I raised a petition to the Supreme Court but it was dismissed and now the judgement is final. I am afraid to be arrested and I have since managed to arrange the money. Can I still pay it and receive waiver of the charges? Will the courts accept it?

Answer: In accordance with 401 of UAE Criminal Law No. 3 of 1987, you have the right to still pay the money even if the judgment is final in cheque cases. If you get waiver, you or your lawyer have the right to submit it at the General Attorney office and request to stop executing the jail time. To make sure that this step is safely done, it might be recommended to have the release signed before the Notary Public. Submitting this release does not need your personal attendance. If you have serious worry of potential arrest, your lawyer can do it on your behalf, if he has a legal Power of Attorney authorizing him to do it.

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