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.
Dr. Hassan Elhais publishes analysis of UAE criminal law matters, including financial-crime allegations, money laundering and complex financial transactions. For readers researching a financial crime lawyer in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
Comments
I lost job and left uae in 2008.
Bank filed police report for
aed150000 bounce cheque in 2009.
Criminal court gave judgement of 4
months imprisonment in absentia.
the new law1 2017 say fine 10000.
if I arrive dubai airport what will
happen? i believe i will be detain
and present to prosecutor at
burdubai police station or will be
transfered to jail for pending
imprisonment judgement?
fred
2021-01-27
We
suggest that you should undertake a
legal status check with our firm.
We will be able to determine if
there are any cases filed against
you, its status, and the action
that you can take. Once we have the
information, we will be able to
advise you on the way forward.
Please let me know if you are
interested to proceed so I can
provide you with more details.
Dr.
Hassan Elhais
I owe the bank 80k on a personal
loan, the bank has filed a case
against me and deposited a bounced
cheque for an amount of 300k. What
do I do in this situation.
David Heuvs
2019-11-24
In
furtherance to your query, kindly
be informed that the bank has filed
a criminal case for dishonored
cheque and the court may invariably
pass a judgment for either
imprisonment or fine. It is advised
to arrange a consultation meeting
with one of our legal consultants
to discuss it in detail.
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
hi sir wht about bounced cheques in
sharjah and other estates if the
amount is less then 100000 dhms
kindly inform
ahsan jamil
2019-10-26
In furtherance to your question
asked, please note that it is more
likely that the court will order
only fine and no imprisonment. For
more information you may visit our
office for a consultation meeting
with our lawyers for evaluating
your matter.
Dr.
Hassan Elhais
Sir
I had one case it happened 2013
cheque bounced punished and fined
after that again opposite person
went for again appeal then judge
given paper should be pay this
amount 77000 but already punished
and cannot warrant again.nearly six
years and how to remove travel ban
please advise me
With Regards
Amar
2019-10-20
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/-
Moreover, the opposite party may
still file a civil case to claim
the outstanding amount. Failure to
pay outstanding liabilities can,
among others, result in travel
restrictions by the court. We
understand you are also concerned
about limitation laws with regard
to proceeding with such matters.
Therefore, it is advisable to may
avail the services of a lawyer to
handle your matter.
If you would like to discuss
further about your matter, please
feel free to meet with us in our
office so that we can guide you on
your legal position and the way
forward.
Dr.
Hassan Elhais
Hello,
I had given my 2 personal cheques
of 19000 aed to register a company
in dubai, out of which one is
cleared and 2nd one is bounced due
to a conflict between me and my
partner, now there is a cheque
bounce case on me, I wanted to know
what is the consequences of this
cheque bounce case and if there
would be a travel ban on me..
Thank you in advance
Suhail
Suhail ali
2019-10-17
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/-
Moreover, the opposite party may
still file a civil case to claim
the outstanding amount. Failure to
pay outstanding liabilities can,
among others, result in travel
restrictions by the court.
Accordingly, you may avail the
services of a lawyer to handle your
matter.
If you would like to discuss
further about your matter, please
feel free to meet with us in our
office so that we can guide you on
your legal position and the way
forward.
Should you have any questions,
please do not hesitate to contact
us
Dr.
Hassan Elhais
Dear Sir/Mam,
My name is Anusuya-Indian.
I had borrowed AED.115000 from ADCB
on 2017 and repaid till Feb-2019.
Now total outstanding balance is
AED.83000. When I checked in the
Dubai police website it is showing
a criminal case of cheque bounced
case against my name with the total
amount of AED.1115000.
Reason for non-payment is I lost my
job and company due to the company
downsizing, still no job.
As I stay with my family here
without job, I am unable to repay
my loan, till I get a new job.
I found in Dubai police gov website
as there is a complaint raised for
cheque bounce case
amount:aed.115000,and travel ban.
I need to travel by 20th Oct to
India.
Request your advice on the above
query.
Can i go directly to the police
station and pay the fine, I am
little worried if they will put me
behind the bars.
Regards,
Anusuya
Anusuya Anusuya
2019-10-13
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/-
Moreover, the opposite party may
still file a civil case to claim
the outstanding amount. We
understand that since it was a
cheque pursuant to a personal loan,
the bank may register a civil case
to claim the outstanding amount per
the contract. Accordingly, you may
avail the services of a lawyer to
handle your matter.
If you would like to discuss
further about your matter, please
feel free to meet with us in our
office so that we can guide you on
your legal position and the way
forward.
Dr.
Hassan Elhais
Good day, I have a case with the
real estate company I lost my job
and was not able to pay the rent
chèques they make a case in
rental despute and i recieved am
email from rental despute
authority stating that I have to
pay the rent amount Cheque plus two
month notice plus the charges , is
there anything I can do ? Is paying
a fine will get me out of this
..please need your advice .thankyou
.
Karim Mahmoud
2019-10-08
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/-
Moreover, the opposite party may
still file a civil case to claim
the outstanding amount. We
understand that since it was a
cheque pursuant to a tenancy
contract, a case with the rental
dispute center has been registered
to claim the outstanding amount per
the contract. Accordingly, you may
avail the services of a lawyer to
handle your matter.
If you would like to discuss
further about your matter, please
feel free to meet with us in our
office so that we can guide you on
your legal position and the way
forward.
Should you have any questions,
please do not hesitate to contact
us
Dr.
Hassan Elhais
hi sir,
i would like to know that i have
given aed 179000 to my friend for
bussines purpose and he given me
five different date cheque 1st
10/11/2018 (50000)-2nd
10/5/2019(35000)-3rd
25/8/2019(49500)-4th
25/12/2019(34500) and 5 no
date(10000) as he promised he will
pay thats why i didnt deposit the
cheque but i deposited one cheque
date of 25/8/2019 amount of 49500
and its got bounced due to
insufficient fund in his account
now he is making the exusess
only.if i will wait and trust him
cheque date will be expire .please
guide me and suggest me the best
option to take action against him.
im waiting for your valuable
suggestion.im here in abu dhabi he
is also in abu dhabi.
zakir husain
2019-09-16
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/- We
understand that both you and the
opposite party are in Abu Dhabi,
the Prosecution may decide on
whether to fine the opposite party
and/or refer the matter to the
criminal court.
After the criminal case, you may
file a civil case to recover the
amount. If would like to avail the
services of a lawyer to handle your
matter and provide you with further
assistance, please do not hesitate
to meet with us in our office for a
detailed discussion. We are pleased
to render our services to you.
Dr.
Hassan Elhais
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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Please let me know if you are interested to proceed so I can provide you with more details. Dr. Hassan Elhais
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
Dr. Hassan Elhais
Moreover, the opposite party may still file a civil case to claim the outstanding amount. Failure to pay outstanding liabilities can, among others, result in travel restrictions by the court. We understand you are also concerned about limitation laws with regard to proceeding with such matters. Therefore, it is advisable to may avail the services of a lawyer to handle your matter.
If you would like to discuss further about your matter, please feel free to meet with us in our office so that we can guide you on your legal position and the way forward.
Dr. Hassan Elhais
Moreover, the opposite party may still file a civil case to claim the outstanding amount. Failure to pay outstanding liabilities can, among others, result in travel restrictions by the court. Accordingly, you may avail the services of a lawyer to handle your matter.
If you would like to discuss further about your matter, please feel free to meet with us in our office so that we can guide you on your legal position and the way forward.
Should you have any questions, please do not hesitate to contact us Dr. Hassan Elhais
Moreover, the opposite party may still file a civil case to claim the outstanding amount. We understand that since it was a cheque pursuant to a personal loan, the bank may register a civil case to claim the outstanding amount per the contract. Accordingly, you may avail the services of a lawyer to handle your matter.
If you would like to discuss further about your matter, please feel free to meet with us in our office so that we can guide you on your legal position and the way forward. Dr. Hassan Elhais
Moreover, the opposite party may still file a civil case to claim the outstanding amount. We understand that since it was a cheque pursuant to a tenancy contract, a case with the rental dispute center has been registered to claim the outstanding amount per the contract. Accordingly, you may avail the services of a lawyer to handle your matter.
If you would like to discuss further about your matter, please feel free to meet with us in our office so that we can guide you on your legal position and the way forward.
Should you have any questions, please do not hesitate to contact us Dr. Hassan Elhais
After the criminal case, you may file a civil case to recover the amount. If would like to avail the services of a lawyer to handle your matter and provide you with further assistance, please do not hesitate to meet with us in our office for a detailed discussion. We are pleased to render our services to you.
Dr. Hassan Elhais
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
We further recommend you to visit our office for consultation meeting to seek further information. Dr. Hassan Elhais
Should you have further questions, please feel free to meet with us in our office for a consultation. Dr. Hassan Elhais
Should you need any further information, please do not hesitate to meet with us in our office for a detailed consultation. Dr. Hassan Elhais
Should you need further assistance, please do not hesitate to meet with us in our office for a detailed consultation service. Dr. Hassan Elhais
Should you have any further question, please do not hesitate to contact us. Dr. Hassan Elhais
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
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