إسأل Lawyer الآن

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 98%

Lawyer

I have a cheque bounce case filed against me with...

تم تقييم هذه الإجابة:
I have a cheque bounce case filed against me with a penal case 2020/6300 under the criminal court of Abu Dhabi. My question is how can I check if, at which possible time will the bank file a civil case against me if I only have an outstanding loan amount of less than 90,000 dirhams???

إطرح سؤالك

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.9%

according to UAE law, the cheques were submitted and stamped with reference and insufficient balance and then submitted to the public prosecution through a criminal complaint, especially that the law is considered a crime to issue a check without balance and to follow the procedures by the public prosecution on the investigation of the source of the check and arrest him and the punishment and his right and obligation to pay its value

 

Article (401)

Detention or a fine shall be imposed upon anyone who, in bad faith, gives a draft (cheque) without a sufficient and drawable balance or who, after giving a cheque, withdraws all or part of the balance, making the balance insufficient for settlement of the cheque, or if he orders a drawee not to cash a cheque or makes or signs the cheque in a manner that prevents it from being cashed. The same penalty shall apply to any one who endorses a cheque in favor of another or gives him a bearer draft, knowing that there is no sufficient balance to honor the cheque or that it is not drawable. Note that the penalty will be prison for a year.

With attention to the entry into force of the penal order is the replacement of the punishment of imprisonment with a financial fine here the law gave the right to the creditor or the complainant to establish a civil suit and claim the value of indebtedness through a civil lawsuit and does not mean payment of the fine end of the case but the purpose of payment is to exempt you from imprisonment In case the bank has set up a lawsuit, you must apply for installment payments for the accumulated amounts and lose your personal abilities and to pay them in monthly installments. Therefore, in the event of a lawsuit before the court, you can apply for installment payments and payments according to your financial ability to avoid imprisonment.

Note that the payment of the fine on the check does not mean your acquittal, but it is for the owner of the cheque to file a civil suit and claim the value and the fine is a replacement of the imprisonment penalty

 

An application for installment payment can be submitted to the court, and it is the latter that decides the matter in terms of acceptance or rejection,

But the application can also be submitted to the execution judge, who can accept the request to install the amount of the debt

In the event that the intended question is otherwise, you can kindly ask us in detail and we will respond to it in the shortest time frame.

إسأل Lawyer

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 98%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود

في الأخبار