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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

i issued a check dated 18th mar 2017. the drawee...

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i issued a check dated 18th mar 2017. the drawee has revised the date to 18th april 2019..who is responsible for this forgery
Lawyer's Assistant: Where are you located? It matters because laws vary by location
uae
Lawyer's Assistant: Has anything been filed or reported?
not yet the cheque is with the bank in the processing system
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
no

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Dear Customer,                                

Thanks for joining and trusting us, much appreciated!

 

We would like to inform you that we wish that you clarify your inquiry in detail so that we can help you accurately, and in all cases, if you mean that the drawee falsified the due date of the check, it can be stopped because it is fraudulent. As for the penalty for issuing a check without balance, the Penal Code stipulates in Article 401 that:

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If the court orders that the check book be withdrawn from the convicted person and not giving him new books, so article (643) of the Commercial Transactions Law, the Public Prosecution shall inform the Central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, a fine of (100,000) one hundred thousand dirham is required.

 

 

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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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