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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
My son came from home country and his bag was...
My son came from home country and his bag was missed complaint lodged in Sharjah police station signed cheques were in bag some misused and get cheque bounced and at airport he is detained how can he be out of the custody
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Sharjah
Lawyer's Assistant: Has anything been filed or reported?
We have reported to police station before
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
How can he be released my first priority
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Dear Customer,
Thanks for joining and trusting us, much appreciated! We welcome you to join us in the legal section
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that according to UAE law, if the checks were lost through the loss of the bag and a communication of loss was made with knowing later using these checks by another person, you can review the public prosecution and submit the record to know this party
We recommend to hire a lawyer
who will take the procedure to file a request for his release
You shall submitted to the public prosecution through a criminal complaint, especially that the law considered issuing a check without balance is a crime and follow the procedures by the public prosecution on the investigation to
know the source of the check in order
to arrest, punish and obligate him to pay
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.
With attention to the payment of the fine on the check does not mean your acquittal, but it is for the owner of the check to file a civil suit and claim the value and the fine is a replacement of the imprisonment penalty
If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Thanks for joining and trusting us, much appreciated! We welcome you to join us in the legal section
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that according to UAE law, if the checks were lost through the loss of the bag and a communication of loss was made with knowing later using these checks by another person, you can review the public prosecution and submit the record to know this party
We recommend to hire a lawyer
who will take the procedure to file a request for his release
You shall submitted to the public prosecution through a criminal complaint, especially that the law considered issuing a check without balance is a crime and follow the procedures by the public prosecution on the investigation to
know the source of the check in order
to arrest, punish and obligate him to pay
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.
With attention to the payment of the fine on the check does not mean your acquittal, but it is for the owner of the check to file a civil suit and claim the value and the fine is a replacement of the imprisonment penalty
If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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