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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

I would like to file a fraud case how can i file?

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I would like to file a fraud case how can i file?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
Not yet??
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I give money to my friend but now he is not paying me back and he give me a fake cheque

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If you encounter a case of fraud, the following information is provided:
You can check with the police station to file a complaint against your friend accusing him of fraud.
You must provide the documents and any other evidence, such as the use of witnesses, that he is the one who gave you the forged cheque.
The prosecution will investigate the complaint and will refer the case to the court for a prison sentence against the accused if convicted.
Here is the relevant UAE Penal Code text related to your request:
Article 399 :
Shall be punishable by confinement or by a fine any individual who, by using fraudulent practice, assuming a false name or quality, takes possession for himself or for the others of any movable property or written instrument, or obtains any signature upon such instrument, its cancellation, destruction or amendment, whenever it is intended to deceive the victim and bring him to surrender a legal right. Shall also be liable to the same punishment he who alienates an estate or a movable property while being fully aware that it is not his own or that he has no right to dispose thereof; or he who knowing by alienates any of the above mentioned after having previously disposed thereof or having concluded any agreement thereon, whenever such an act operates to the injury of others.If the object of crime is a property or an instrument pertaining to the State or to any of the authorities mentioned in Article (5) above, this shall be considered a circumstance of aggravation.Attempt shall be punished with confinement for a period not exceeding two years of with a fine not exceeding twenty thousand Dirhams. And where a recidivist is convicted and sentenced to confinement for a period of one year or more, the Judge may order that he be put under police surveillance for a period neither to exceed two years nor to exceed the duration of the inflicted penalty
Article 401 :
Detention or a fine shall be imposed on 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 anyone who endorses a cheque in favour of another or gives him a bearer draft, knowing that there is no sufficient balance to honour the cheque or that it is not drawable."It may further be noted that since the cheque amounts to Dh249,000, Law No. 1 of 2017 on Criminal Orders (Criminal Order Law), which is only implemented in Dubai, shall not be applicable owing to cheque amount exceeding Dh200,000.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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