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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

I am a Dubai visa holder and I have a personal...

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I am a Dubai visa holder and I have a personal loan with DEEM FINANCE . Due to the COVID situation ,for last few months my company is paying less salary which is inadequate to pay the Instalmnt(AED1711) and due this ,I defaulted one Instalmnt and was asking them to restructure to AED 1000instalmnt but refusing this they presented my security chq if AED 66000 and bounced.but actually o/s is only AED 25000now and threatens me legal complications. So I arranged from around the defaulted. But I face the difficulty in coming months and I wiil be in defaulted mode . In case if they don’t accept my request and the instalment is defaulted, what would be the legal and other complications I have to face? Leagally banks are rightful to bounce scty chqs for one default? What is the possible soulutions?

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Haloo

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

We would like to inform you that if your inquiry relates to the issuance of a check has no balance, the following information are important:
The UAE Penal Code punishes the crime of issuing a check has no balance with imprisonment or a fine, so that the judgment is subject to the discretion of the judge.
It is advisable to negotiate with the creditor in order to waive the complaint.
We also advise that it is necessary to try again to negotiate with the bank in order to reduce the value of the loan installment so that you can pay the value of the installments on the specified dates.
Here is the text of the UAE Penal Code related to your inquiry:
Article (401)
Detention or a fine shall be imposed upon anyone who, in bad faith, gives a draft (check) without a sufficient and drawable balance or who, after giving a check, withdraws all or part of the balance, making the insufficient for settlement of the check, or if he orders a drawee not to cash a check or makes or signs the check in a manner that prevents it from being cashed. The same penalty shall apply to any one who endorses a check in favor of another or gives him a bearer draft, knowing that there is no sufficient balance to honor the check or that it is not drawable.
The criminal case shall be terminated if it is paid or waived after the occurrence of the crime and before the dismissal by a final judgment. If this happens after the judgment has been made, the execution shall cease.
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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But I recently happened to hear that imprisonment is not applicable for o/s below 200k.what is the opinion about this ?

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If they file case against me for bounced chq of personal loan security of AED 66000 ,how would be it’s steps ?i would be taken and jailed directly police

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Haloooo

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If the value of the check is small, then often the penalty is only a fine.
But the bank can also open a civil case, in which it is required to obtain all the sums of money that the borrower refuses to pay.
And we advise you again to renegotiate with the bank
You will not be imprisoned until after a court ruling is issued

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What kind would be prnslities?

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At which stage ,the travel ban would be imposed?

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Halooo

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

At the start of the case, you will be banned from travel, and you will not be allowed to travel until after the criminal and civil case is closed.

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Sir for the civil cases judgmnt, how many would be jail term?

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

In civil cases, there is no prison sentence, rather the judge can seize the defendant’s property in addition to preventing him from traveling until the amount is paid in full.

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Moheb Hassan

Moheb Hassan

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الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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