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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

Hi

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Hi
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I’m in Sharjah
Lawyer's Assistant: Has anything been filed or reported?
Yes I have Cheque return
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Just want to know how can I clear that

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that if you issued a cheque without balance, then we advise you to solve that amiably with the supplier to avoid any criminal case against you and punish you according to the article 401 from the Penal Code:

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.

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If the court orders that the check book be withdrawn from the convicted person and not giving him new books, so article (643) of the Commercial Transactions Law, the Public Prosecution shall inform the Central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