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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
Hello, I was working with an insurance broker...
Hello, I was working with an insurance broker between the priof of september to November..during which i earned a comission of 30,000 AED. on finding a better job offer i wanted my visa cancelled from said company, however they insisted that i pay back the entire amount before the visa could eb cancelled. i managed to pay back 22000 AED..and issued a cheque for the rest. however unfortunately i was unable to make the payments due to financial reasons.... and now i have lost my current job on account of Covid..i requested a settlement , wherein i could pay a partial amount and the remaining over a period of 2 months..however the company has decided to go ahead and bounce the cheque... what can i do in such case.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
dubai
Lawyer's Assistant: Has anything been filed or reported?
nothing yet...but they have said they have deposited the cheque with the bank
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
thats all
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
We would like to inform you that if you failed to pay the required amounts, a legal action will be taken against you and cheques will be submitted to the court. The punishment for issuing a cheque that is not matched by a balance is imprisonment or fine in accordance with article 401 in addition to preventing you from traveling until payment is made. We recommend that to renegotiate with the creditor, and ask him to accept payment of the amounts required in installments.
Here is the text of article 401 of the UAE Penal Code related to your inquiry:
Shall be sentenced to detention or to a fine, whoever Replace text under Article (401) with: “Shall be sentenced to detention or to a fine, whoever draws in bad faith a cheque without sufficient funds or who, after giving the cheque withdraws all or part of the funds, so that the remaining balance is insufficient to cover the amount of the cheque, or gives order to the drawee to stop payment, or if he deliberately writes or signs the cheque in such a manner as to make it non payable. Shall be sentenced to the same penalty whoever endorses to another or delivers to him a bearer draft knowing that it has no available sufficient funds in consideration thereof or that it is not drawable.
The penal action shall be precluded in case of payment or its withdrawal subsequent to the perpetration of the crime but prior to the settlement of the case by a decisive judgment otherwise stay of execution shall be ordered. In case the court orders the withdrawal of the checkbook from the condemned person and the prohibition to give him new checkbooks, according to the provisions of Article (643) of the Commercial Transactions Law, the public prosecution shall notify this order to the Central Bank in order to generalize it on all banks. Should any bank violate this order, it shall be liable to pay a fine amounting to one hundred thousand dirhams.
Here is the text of article 401 of the UAE Penal Code related to your inquiry:
Shall be sentenced to detention or to a fine, whoever Replace text under Article (401) with: “Shall be sentenced to detention or to a fine, whoever draws in bad faith a cheque without sufficient funds or who, after giving the cheque withdraws all or part of the funds, so that the remaining balance is insufficient to cover the amount of the cheque, or gives order to the drawee to stop payment, or if he deliberately writes or signs the cheque in such a manner as to make it non payable. Shall be sentenced to the same penalty whoever endorses to another or delivers to him a bearer draft knowing that it has no available sufficient funds in consideration thereof or that it is not drawable.
The penal action shall be precluded in case of payment or its withdrawal subsequent to the perpetration of the crime but prior to the settlement of the case by a decisive judgment otherwise stay of execution shall be ordered. In case the court orders the withdrawal of the checkbook from the condemned person and the prohibition to give him new checkbooks, according to the provisions of Article (643) of the Commercial Transactions Law, the public prosecution shall notify this order to the Central Bank in order to generalize it on all banks. Should any bank violate this order, it shall be liable to pay a fine amounting to one hundred thousand dirhams.
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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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