civil law


November 04, 2017



| Your comment matters, please click here to rate article!

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.

Related Links

Civil Law Informative Videos

Civil Law - Video
No more jail sentence for cheque bounce cases?
Learn about the Dubai Law No. 1 of 2017 called the Criminal Order Law...
Civil Law - Video
8 Points to Remember in case of Cheque bounce
What is the crime for bounced cheque under UAE Laws...


مین پاکستان میں ھون جس بندے نے پیسے دینے ھیں وہ دوبی میں ھے وہ پکڑا گیا تھا 6ماہ پولیس کسٹڈی میں رھا اب رھا ھے اس بارے میں تفصیل جاننا چاھتا ھوں کوئ حکومت کی طرف سے وکیل مجھے مل سکتا ھے حکومت کی طرف سے
Arshad iqbal
شكراً لكم على تواصلكم مع مكتب عواطف محمد شوقي للمحاماة والاستشارات القانونية. نحن شركة محاماة رائدة في الدولة ولدينا خبرة واسعة، نحن بارعون في تقديم المشورة القانونية المتعلقة باستفسارك. حتى نتمكن من فهم مسألتك بشكل أكبر، يفضل عقد نقاش مفصل معنا. لذلك، إذا كنت ترغب في تحديد موعد، فيرجى عدم التردد في التواصل معنا. نحن نتطلع إلى ردكم.

Leave a Comment

Your email address will not be published. Required fields are marked *

Want to know more?
Then talk to us.

Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

British Client

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Contact Me

I Agree to Terms and Conditions
Please check this box if you want to proceed.

Select your Language:


Main Menu