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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Hi I given a loan to my friend and he given me a...

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Hi I given a loan to my friend and he given me a cheque. But there is no money in his account. Should I submit the cheque in my bank account or should I visit his bank to submit cheque?

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Please be kindly informed that, according to the data provided to us in your inquiry and with reference to the Commercial Paper and Checks Law in Bahrain, the check must first be submitted to the bank. The crime of issuing a check without balance is realized
** Also, the moral element in the crime of a check without balance, represented in the criminal intent stipulated in Article 393 of the Penal Code, is only achieved as soon as the drawer knows that there is no adequate, current and disposable consideration when the check is issued, as this expresses his bad faith as it is realized. That is when the drawer is recovered after giving the check to the beneficiary all or part of the consideration so that the remainder does not meet its value, or he ordered the drawee not to cash it, or he had deliberately drawn it or signed it in a form that prevents it from being cashed, and none of those cases that the criminal intent is doing has been verified by the accused In the crime of check without balance, for these reasons the court ruled innocence of the accused of the accusation attributed to him.
Whoever gives in bad faith a check for which there is no adequate and disposable consideration for payment, or after giving him all or part of the consideration so that the remainder does not meet its value, or the drawee has ordered that it not be disbursed, or had intentionally released it or Sign it in a way that prevents it from being spent.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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