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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

What is the cause for my defendent not attending...

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What is the cause for my defendent not attending the hearing(Dubai Court)
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai/UAE
Lawyer's Assistant: Has anything been filed or reported?
Criminal case
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Yes, this case like took laon and not returned the money in said period

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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 although your inquiry is unclear, we point out that the defendant in criminal cases may not present. The judge will issue a court order to imprison the defendant if it is related to cheques signed by the defendant in exchange for obtaining the loan. The penalty shall be imprisonment for a period of up to 3 years or a fine estimated by the judge.
Here is the text of the UAE Penal Code regarding 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If the court orders that the check book be withdrawn from the convicted person and not giving him new books, so article (643) of the Commercial Transactions Law, the Public Prosecution shall inform the Central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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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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