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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
My husband in Ajman prison since from August 14th...
إجابة الخبير: 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 your inquiry relates to the accusation that your husband is charged with issuing a check for a balance in Ajman, according to the Federal Penal Code, the penalty of the check is imprisonment or a fine. In other words, an appeals court judge can actually commute your husband's sentence to a fine only, but this is at the discretion of the judge, and we cannot say for sure. We further advise that it is necessary to negotiate with the victim in order to reconcile and obtain innocence and to close that case once and for all.
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If the court orders that the check book be withdrawn from the convicted person and not giving him new books, so article (643) of the Commercial Transactions Law, the Public Prosecution shall inform the Central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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Kind Regards,
الرد من العميل
Thank you so much .. can you say what are the possibilities may happen in appeal court when we appeal for this Cheque bounce cases My husband already completed 1 month in prison out of 2 months Can a judge again say he has to complete 2 months in appeal too ?
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Dear Customer,
welcome again
We would like you to know that the odds are that as long as your husband is the only one who appeals against the judgment on appeal:
- Get the patent.
- Reduction of imprisonment.
- Abolition of imprisonment and a fine
- At the latest, in favor of the previous verdict, in that case it means that your husband must complete his sentence, meaning that he will remain in prison for another month only.
Kind Regards,
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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