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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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Salam Alaikum I have cheque bounce of 35000 and...

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Salam Alaikum I have cheque bounce of 35000 and 3 cheques of 105,000 which are expired But I have given in written that I’ll pay the amount by end of 2018 or something I don’t remember Now the person whom I have to give money they made 2 cases in Sharjah 1 cheque Bounce case 2 I don’t know which case it is called but Police said I have 2 cases They gave some number I gone to Sharjah court prosecution department They says it’s not the case number need some other number Now what will be the solution for these 2 cases Travel ban if any then how long ? Any penalties? Prison ?

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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 your inquiry relates to the signing of more than one check and cases have been brought against you the following information:

The UAE Penal Code stipulates a penalty of imprisonment or a fine in case of signing a check without balance in accordance with Article 401 of the UAE Penal Law.

- You will be prevented from traveling until the case is closed criminally and civilly.

- If you have been sentenced in absentia, you can be challenged in opposition and appeal by appeal if the case refuses to appeal.

- The best solution always in cases of checks is to negotiate between the creditor and the debtor. the case .

Here is the text of the UAE Penal Law:
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.

 Here is also the UAE Code of Criminal Procedure concerning your inquiry

Article 229

The convicted person and the civil rights officer shall be entitled to appeal by way of opposition in absentee judgments in misdemeanors and misdemeanors within seven days from the date of announcing the verdict by a report in the penal code that issued the judgment specifying the date of the hearing that was determined for consideration by the opposition.
The Opposition has to reconsider the case against the opposition before the court that issued the absentee ruling, and the opposition may not object to its opposition. If the opposition does not attend the first hearing of the opposition, the opposition considers that it was not and does not accept the opposition opposition in the ruling issued in his absence.

 Article 230

Each of the accused and the public prosecution may appeal the judgments rendered by the criminal courts of first degree. The appeal shall not result in staying the execution of the appealed judgment unless otherwise decided by the court that rendered it , under the conditions set forth by this court. The judgment pronouncing the death sentence is considered appealed and its execution is stopped.

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إسأل Lawyer

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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