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Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 97.6%
I have a bounce cheque Of 12k and 8k . Want to...
الرد من العميل
Case registered in Sharjah
إجابة الخبير: Mohye Eldeen Rasheed
Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 97.7%
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
And to lift the imposed ban, you can move to the court and settle all the claims therein. In doing so, the ban may be lifted within the same dayIn the event that the intended question is otherwise, you can kindly ask us in detail and we will respond to it in the shortest time frame.
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الرد من العميل
The total amount is 20k.is it possible to pay fine and request court to pay in installment
إجابة الخبير: Mohye Eldeen Rasheed
Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 98%
An application for installment payment can be submitted to the court, and it is the latter that decides the matter in terms of acceptance or rejection,
But the application can also be submitted to the execution judge, who can accept the request to install the amount of the debt
إسأل Lawyer
Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 97.6%
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