criminal law

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April 29, 2017

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Is There a Time Limit for Filing a Criminal Case About Bounced Cheque?

Question: I received a cheque from somebody and I submitted it to my bank within six months of receiving it. However, it has been returned due to insufficient funds. I know that I could file a criminal or commercial case but is there a time limit when it comes to filing such cases?

Answer: You have the right to file a criminal case within five years from the date of receiving the cheque. This is in accordance with article no 20 of the Criminal Procedures Law of 1992 and its amendments. But, unfortunately, you do not have the same amount of time to file a commercial case as that would have to be filed within two years against the person who signed and delivered you the cheque, in accordance with article no 638/1 of the Commercial Transactions Law of 1993 and its amendments. There are also some factors that could reduce the period of time a case can be filed within, depending on the case, so it is wise to evaluate your options with your lawyer.

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Comments

I have problem with the cheques,i give to someone a blank check with my sign for guarantee check only.he deposited my check he write a big amount 90,000aed but i only borrowed 50,000aed he filed me a case in police and I already bailed,now our case is in the court,now he kept calling me to have settlement and he is threatening me that he is local,he will file me a civil case.i tell him i will pay only for the money i take but he dont want he want the money he put in that check.i have evidence in my bank account that he deposited only 50,000aed.what should i do?i go again to jail?thankyou
Ivz
2019-11-19
In furtherance to your matter below, kindly be informed that all criminal cases for cheques bounce in Dubai and are under AED 200,000 mostly only involves fine and no imprisonment. Further, I advise you to meet one of our legal consultants to discuss the civil case.

Please feel free to contact us if you wish to schedule a meeting with one of our lawyers and I would be happy to arrange it for you.   Dr. Hassan Elhais
i have bounced cheque issued by a owner of proprietorship company, dated 20.09.2018 for 40000, can i file a case against him in fast track court in dubai ? as cheque bounced in dubai, how much time can it take and is therre any fees ? i have to pay to court ?
charles
2019-09-26
Please be informed that the act of writing a cheque, which would eventually be dishonored is considered a crime. If the criminal case is registered within the Emirate of Dubai, the Prosecution may pass a decision to punish the accused with a fine should the amount of the dishonored cheque not exceed AED200,000/- You can also file a civil case to claim the outstanding amount. Accordingly, you may avail the services of a lawyer to handle your matter. Should you need further assistance, please do not hesitate to contact us.   Dr. Hassan Elhais

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