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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

Hi, my cheque bounce case at sharjah police...

تم تقييم هذه الإجابة:
Hi, my cheque bounce case at sharjah police station and taken my passport.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Sharjah
Lawyer's Assistant: Has anything been filed or reported?
yes, Kafil reported
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I want to know where can I pay the fine and get passport? Is it possible to pay at police station for fine?

إطرح سؤالك

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that the police station is not considered a competent authority to implement judicial rulings or pay debts
Consequently, if the complainant does not withdraw his complaint from the security center, the case will be referred to the court and the course of the case can be praised. It is possible to make a settlement so that the complainant drops his complaint.
Article 401 of the Penal Code stipulates:

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If the court orders that the check book be withdrawn from the convicted person and not giving him new books, so article (643) of the Commercial Transactions Law, the Public Prosecution shall inform the Central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.

الرد من العميل

What should i do to move the case to court? I am not in the position to hire a lawyer due to my money loss in scam and struggling a lot in Sharjah. Please advise.

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

You have to go to the agency to which you submitted the complaint and then inquire about the status of the complaint if it is null. You can submit it again at the Public Prosecution
And if it is still, you can request to transfer it to the Public Prosecution
If they do not transfer it, you must file a complaint at the Public Prosecution, and then indicate that you previously filed a complaint at the police station and you were not answered

الرد من العميل

Thank you Sir, for advise.finally one more question, if it went to presecution, since its credit card/loan cheque, what would be expected judgement from court? I have the evidences of my money being scammed, i can show it as well..but don't know court will consider these or not. Will it end with fine? or any other jail?I have 2 cases, one is with 25,000 and another one with 101,000 ( actual principle is 59,000 only, but they bounced the cheque for 101,000 for loan).How much fine it would be if court to pay fine? how much time court will give to pay fine?

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Detention or a fine shall be imposed upon any one who seizes, for himself or for another, a movable property, or obtains a document or signature thereon, cancellation or destruction thereof or amendment thereto by fraudulent means, or by assuming a false name or capacity, where such an act leads to deception of a victim and leads him to surrender. The same punishment shall apply to anyone who disposes of real estate or movable property knowing that such a property is not owned by him or that he has no right to dispose thereof, or if he disposes of a thing knowing that it has been previously disposed of or contracted upon, provided that such acts cause damage to a third party.

الرد من العميل

Hi Sir, seems a wrong reply to me.My case is about bounced cheque for credit card due and loan due.

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Detention or a fine shall be imposed upon any one who seizes, for himself or for another, a movable property, or obtains a document or signature thereon, cancellation or destruction thereof or amendment thereto by fraudulent means, or by assuming a false name or capacity, where such an act leads to deception of a victim and leads him to surrender. The same punishment shall apply to anyone who disposes of real estate or movable property knowing that such a property is not owned by him or that he has no right to dispose thereof, or if he disposes of a thing knowing that it has been previously disposed of or contracted upon, provided that such acts cause damage to a third party.

الرد من العميل

Thank you, Sir.Appreciating your patience in answering questions.

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Thank you for contacting usWe are always at your service

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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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