criminal law

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April 11, 2016

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1) If the drawer signed a cheque and left it blank, then he is legally authorizing the beneficiary to fill it. Whereby in such case the beneficiary can write any amount he desires on it in addition to its due date, without being challenged by the drawer.

2) Bounce cheque crime can take place in one of the following forms: There were not enough funds in the account, the drawer closed his bank account, the drawer issued an order to the bank to not pay the cheque's amount without a legal stands, and the drawer attempted any act that shall make the cheque invalid.

3) In case of companies cheuques the drawer of the cheque remains legally liable for the cheque's validity even after he leaves the company.

4) Lodging a bounce cheque complaint is not limited to 6 month period; such period can be up to 5 years counting from the date the drawer gives the cheque to the beneficiary.

5) In case there were not enough funds in the account to cover the cheque, the beneficiary has the right of submitting a request to the bank in order to pay him the reaming amount in the account as a partial payment.

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Comments

I am currently involved in a bounce cheque case. This has now gone to appeal with a hearing date of 9/9/19 Since the appeal date, on average very 3 weeks the pursuant has requested that I be arrested and have a travel ban. I am paying on average 2000 aed every time this happens. May I respectfully ask why if my case is already under appeal that I am being financially penalised
Dr Alan Burke
2019-08-17
The courts have the discretionary powers to place travel restrictions depending on the nature of the case. So that travel restriction is enforced, certain criteria need to be satisfied. Accordingly, we request you to meet with us in our office so that we can discuss about your matter, review your file and provide you with our customized legal advice to better suit your particular matter.

If you would like to meet with us in our office for a consultation, please feel free to contact us and we will schedule the consultation meeting accordingly.   Dr. Hassan Elhais

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