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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

dear

تم تقييم هذه الإجابة:
dear
Lawyer's Assistant: Where are you located? It matters because laws vary by location
i am from sharjah
Lawyer's Assistant: Has anything been filed or reported?
i need to make civil case for our client not travel outside country
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
cheque return case we open already on him

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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 if you get a criminal judgment against a person, this does not prevent you from having a civil suit against the person against which Criminal judgment were issued against. Also, if you file a criminal case, he will be prevented from traveling until a criminal judgment is issued in the case. If you have filed a civil suit, he will also be prevented from traveling.
It remains to note that in accordance with the law, the punishment to issue a check without balance is imprisonment for a period not exceeding three years or financial fine in accordance with the discretionary power of the judge.
You have the text of the UAE Penal Code which concerns your inquiry:
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If the court orders that the check book be withdrawn from the convicted person and not giving him new books, so article (643) of the Commercial Transactions Law, the Public Prosecution shall inform the Central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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إسأل Lawyer

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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