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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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Hi, I paid someone 23,000aed of a rent cheque and...
Hi, I paid someone 23,000aed of a rent cheque and they refused to return the cheque, so I stopped paying them...now they deposited the whole cheque for 40,000, what are mu options?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai UAE
Lawyer's Assistant: Has anything been filed or reported?
Not yet, but I want to file a complaint, because i kept asking for that cheque back
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I was supposed to pay 6 cheques, but the book had 5, so I wrote last cheque for 4 months, because a friend told me to trust her...I approached her multiple times after paying the first 20,000 to adjust the cheque and she kept stalling, in good faith I paid another 5K, yet she refused to adjust the cheque..went and deposited the whole 40K
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
You must pay the full value of the check in order to avoid issuing a court ruling of imprisonment and a fine in addition to the victim’s right to institute a civil lawsuit to compel you to pay the amount of the check in addition to a compensation amount, but if you have paid part of the amount of the check and the beneficiary has not delivered you to the check and issued a new bank check with the remaining amount in that case, you can refer to the police station in order to open a complaint related to fraud against this person, and you must provide evidence that you paid part of the amount of the check and that person did not decrease it from the value of the check.
Here is the text of the UAE Penal Code, related to your inquiry:
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.
Here is the text of the UAE Penal Code, related to your inquiry:
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
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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