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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

cheque bounce related

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cheque bounce related
Lawyer's Assistant: Where are you located? It matters because laws vary by location
dubai
Lawyer's Assistant: Has anything been filed or reported?
police
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
ask the procedure

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الرد من العميل

heloo sir i am in dubai ,a person bought house from me and he deposite cheque to agent and have time for 2 month in contract...after 2 month finished he said my bank dnt give me loan i cant buy your house i shifted and sale all my stuffs..now he said i cant buy your house..i deposite his cheque in my bank after 2 days my bank msg me insufficent fund..now i did police complain.will i get the full amount from him..and what will be the next procedure..thankyou

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

You must offer the check for exchange and in the event the bank indicates the check that the balance is insufficient, a criminal complaint can be filed in this regard through which it requests that this person be punished according to the legal principles and at the same time requesting the value of the check by the bank and the bank can in this case provide security checks and then submitting to the Public Prosecution through a criminal complaint, especially since the law considers it an offense to issue a check without balance and that the procedures be followed by the Public Prosecution regarding investigating the source of the check, arresting him, imposing the penalty against him, and obligating him to pay its value, as Article (401) provides for penalties:
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. Note that the penalty will be prison for a year.
*******With attention to the entry into force of the penal order is the replacement of the punishment of imprisonment with a financial fine here the law gave the right to the creditor or the complainant to establish a civil suit and claim the value of indebtedness through a civil lawsuit and does not mean payment of the fine end of the case but the purpose of payment is to exempt you from imprisonment In case the bank has set up a lawsuit, you must apply for installment payments for the accumulated amounts and lose your personal abilities and to pay them in monthly installments. Therefore, in the event of a lawsuit before the court, you can apply for installment payments and payments according to your financial ability to avoid imprisonment.
*****Note that the payment of the fine on the check does not mean your acquittal, but it is for the owner of the cheque to file a civil suit and claim the value and the fine is a replacement of the imprisonment penalty

الرد من العميل

sir thankyou for the info i have the check with me along with the notification from my bank which mentioned insufficent fund..i shall give this to public prosecuttion? my question is will i have to pay anything for this case ? please help me sir thankyou

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

The cheque that referred to by the bank for the insufficiency of fund or the lack of fund may be submitted thereof and you shall file a complaint at the public prosecution, as it has the jurisdiction, provided that simple fees which are estimated by this authority as fees to accept and record the complaint shall be paid, and that the legal procedures shall be followed with its knowledge.

الرد من العميل

Thankyou very much sir I really appreciate thankyou

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We are glad to contact you always with us in the legal department

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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