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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

If dubai court passed a one year jail sentence...

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If dubai court passed a one year jail sentence over cheques dispute in absence of accused. And upon an amicable aggrement with other party. In such case court can withdraw the sentence.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
UAE
Lawyer's Assistant: Has anything been filed or reported?
Yes
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Is it chat chrage able

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear Customer,                                
Thanks for joining and trusting us, much appreciated! 
We would like to inform you that it is possible in a bounce check case that the accused and the plaintiff to agree for reconciliation. The accused shall appeal the absent judgment by way of opposition and in his appointed hearing. The accused and the plaintiff may appear before the judge and prove the reconciliation. The judge will cancel the sentence of imprisonment for a year, and issue a verdict of innocence and end the criminal case as a result of reconciliation.
According to UAE Penal Code:
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.
The criminal case shall be dropped if the payment or waiver is made after the occurrence of the crime and before the dismissal by a final judgment, and if this happens after the process of judgment is ceased, the judgments shall not be executed.
If the court orders that the check book be withdrawn from the convicted person and not giving him new books, so article (643) of the Commercial Transactions Law, the Public Prosecution shall inform the Central Bank of this matter to all banks. In the case of any bank violating the said order, then they will be forced to pay a fine of 100,000 AED.
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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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