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criminal law

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November 18, 2017

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What is the punishment for a bounced cheque now that there is no jail time?

Question: I have a small shop in Dubai. I gave a cheque of Dh150,000 to one of my suppliers. Due to lack of cash flow I was not able to honour the cheque. I heard that cheque cases now are not punishable by jail sentences. Is it true?

Answer:In Dubai, under law No 1 of 2017 called the Criminal Order Law, the cheque cases, if they are less than Dh200,000, shall be punishable by a fine only. Fines vary between Dh2,000 and Dh10,000 depending on the cheque value. Such decisions could be given by the prosecution within a very short amount of time without any need to refer you to criminal courts. However, you have to bear in mind that the complainant still has the right to file a civil case against you to claim the cheque value and an interest of 12 percent starting from the cheque date.

They could also ask the court to force you to pay the charges and legal costs. The complainant also has the right to request the civil courts to stop your company bank account up to the amount of Dh200,000 until the civil case is decided. They may also request the civil courts to issue an urgent travel ban against you until the civil court issues its final decision and you repay the money.

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Hi, My friend has two bounced cheque cases. He is an travel agent. First case was made due to miscommitment from hotel on the rooms rates he gave the quotation and his client paid him according to that but on the last stage hotel denies to give that rates My friend trapped because the booking was cofirned for the group . Then the hotel told that the leftover amount you could pay later . My friend already was in loss . Around 50000 Ard amount they were claiming which was wrong any way he paid arround 40,000 in installments now my friend has no income to pay further . I want to mention here that they have the company security cheque of 50,000 . My friend gave the real amount cheque again of around 45,000 Aed because they they told to give fresh cheque again we will return your previous but they never returned & make the case on both means 95,000 Aed . But tgey were saying that give the actual amount which was left we lift the case His second case was for last year New year nights rooms he hold 40 rooms for 3 New year night and gave 21000 Aed advance for first night . But unfortunately his group didn’t got visa and the rooms he didn’t use nor the Gala dinner . According to the hotel employee rooms were full they didn’t went through any loss but now they are claiming 98,000 Aed amount . Please help him to guide . In both cases he is only bad luck he has not done any thing intentionally. Thanks
Samreen
2019-09-11
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/-

Please note that after the criminal conviction, a civil case to claim the outstanding money can also be filed. We completely understand your concerns, particularly the issues that you have raised. Therefore, if would like to avail the services of a lawyer to handle your matter and provide you with further assistance and submit your defense, please do not hesitate to meet with us in our office for a detailed discussion. We are pleased to render our services to you.

Should you need further assistance, please do not hesitate to contact us.   Dr. Hassan Elhais
Hi Sir, We have rented an appartment and had given 12 cheques The appartment did not have DEWA connection initially so we did not require an ejari. Now they have implemented DEWA connection so when we tried to get the ejari, on the contract it is signed by the owners husband. We donot have the power of attorney copy. We tried reaching the owners husband, his driver and the brocker no is answering the phone calls. But every month owner is withdrawing the money. Please let us know what needs to be done.
Naveen
2019-09-01
In furtherance to your inquiry, we suggest you to approach Rental Dispute Committee in RERA to discuss the issue with the concerned authority. Alternatively, you may visit our office for a consultation meeting with our legal consultants.   Dr. Hassan Elhais
I want to ask about my friend.shes was about to travel back my country for vacation,then they stop her to airport because she have to pay her credit card cost 12 000 aed ,and try found also they she issued a bounce cheque 20 000 derham, what will happen o her after?? Shes now at the police station.she can still travel or not? Thanks for the response
Angela tabuso
2019-08-31
In furtherance to your query, kindly note that at present she has a criminal case against her for cheque bounce and until the case is resolved she is restricted to travel outside the country. Further, considering the amount of cheque, the court may impose fine for issuing a cheque in bad faith and upon remitting the fine, she will be released from the criminal charges.

We further recommend you to visit our office for consultation meeting to seek further information.   Dr. Hassan Elhais
Hi, I have 3 cases registered against me in Bur Dubai police station for chq bounce. One of the cheques amount 144K, another one is 79K, and the last one is 43K. now i understand that for any cheque amount less than 200k it is a fine payment. However, in my case, will they treat each cheque separately and i will pay a fine for each cheque? or will they add all the cheques amounts and see its over 200k and detain me? Each of the cheques is for a different supplier they are registered separate cases. Please advise
Imad
2019-08-03
Since the complainant is different and each cheque is pursuant to an altogether different matter, there should be a separate case registered by each complainant. Accordingly, since there are separate cases and each cheque is for a different case, the cheque may not be clubbed. Notwithstanding, the suppliers have the right to pursue civil proceedings.

Should you have further questions, please feel free to meet with us in our office for a consultation.   Dr. Hassan Elhais
My 3 chek bounced in ajman total amount 23000 wath is salutation.
Ali
2019-07-30
Please be informed that the act of writing a cheque, which would eventually be dishonored is considered a crime. Since the total amount of the three cheques is only AED23,000/- it will be up to the discretion of the Prosecution in Ajman to decide on whether or not there will be only a fine as a punishment.

Should you need any further information, please do not hesitate to meet with us in our office for a detailed consultation.   Dr. Hassan Elhais
Hi sir my friend had bought a flat and she had to give four Cheques to the building owner. Since she didn’t have a Cheque book she asked me to give the cheque in my name. I gave my cheque book with the amount and my signature and everything and now I’m afraid if the cheque bounces do I get any harm?? If yes than give me some suggestion what can I do??
Tarpana lama
2019-07-23
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/-

Should you need further assistance, please do not hesitate to meet with us in our office for a detailed consultation service.   Dr. Hassan Elhais
Hi Dr. Can you please give some advice regarding my situation ? I worked in Dubai last year for about 6 months until my father get in coma, after that i go back to Mexico . My father passed way one day after I arrived, I had to pay the funeral expenses, I get into depression and also I need to take care of my mom so don’t return to Dubai. I had 3 credit cards with different banks ENBD, Rakbank and Najm also I had mobile phone line with DU and Etisalat. Najm now due about Aed 8000, ENBD now due 34000 “check already bounce for Aed 26000 Rakbank Aed 11000, plus mobile phone bill I’m not sure how much now. I’m not paying my dues about 1 year now, I have been unemployed since I came back to Mexico. I get emails from Tahseel, Stanquad, and from ENBD collectors saying if I don’t pay they will send me to Jail by issuing a red notice. Sir I’m not a criminal I never had problems with justice. Please help me
Luisa Alvarez
2019-07-19
I completely understand your situation about your outstanding liability to several creditors. Your creditors may have a choice to pursue criminal and/or civil action against you in order to recover your outstanding amount depending on whether or not they have any bounced cheque from you. However, please note that you may contact your creditors to pursue an amicable out of court settlement.

Should you have any further question, please do not hesitate to contact us.   Dr. Hassan Elhais
I took sme loan 129000/ I had paid 102000/ in between 2 installments missed not continues but I am paying continuously same time finance company voiced my Cheque and police caught when I am traveling and paid fine. Is this case is over .Highly appreciate you can reply to me please.
Ramachandran
2019-07-08
In furtherance to your query, kindly be informed that if you have paid the fine, the case may have been closed if the cheques amount was less than AED 200,000.

Please don't hesitate to contact us if you wish to have a meeting appointment with one of our lawyers to discuss further.   Dr. Hassan Elhais
I have a bounced cheque case of my personal loan aed175,000/- out of which i had already paid aed 80,000/-. Shall I go to the police station directly or have to go through only a legal person. Is any jail punishment is there? May I know the proceedure in the police station. Kind Regards, Aravind
ARAVIND
2019-07-01
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 may avail the services of a lawyer to handle your matter. Should you need further assistance, please do not hesitate to meet with us in our office.   Dr. Hassan Elhais

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