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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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My Dubai bank filed a bounce check case in Abu...
My Dubai bank filed a bounce check case in Abu Dhabi last Dec. My question is how can I clear this? I was never a resident of Abu Dhabi so how can a case be filed for me I. AUH? I lost my job last 2020 due to Covid. I survive only by taking part-time work. That's why I defaulted on my dues.
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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 the bank filed the security cheque to the police, you shall check with the bank to negotiate regarding the cheque, provided that you offer the payment of part of the required amount and reschedule the remaining amount in return for the bank to waive the complaint filed at the police station.
It should be noted that the UAE Penal Code in article 401 has stipulated the punishment of the cheque, by imprisonment or fine. Again we emphasize on negotiating with the bank or the full payment of bank dues, as these two ways are to avoid the punishment against you.
Here is the text of the UAE Penal Code regarding your inquiry:
Article (401):
Shall be depriving to deprivation or to a fine, whoever Replace text under Article (401) with: “Shall be depriving to deprivation or to a fine, whoever draws in bad faith a cheque without sufficient funds or who, after giving the cheques 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 entitled to the same penalty whoever endorses to another or delivers to him a bearer draft knowing that it has no available funds in consideration of it 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.
It should be noted that the UAE Penal Code in article 401 has stipulated the punishment of the cheque, by imprisonment or fine. Again we emphasize on negotiating with the bank or the full payment of bank dues, as these two ways are to avoid the punishment against you.
Here is the text of the UAE Penal Code regarding your inquiry:
Article (401):
Shall be depriving to deprivation or to a fine, whoever Replace text under Article (401) with: “Shall be depriving to deprivation or to a fine, whoever draws in bad faith a cheque without sufficient funds or who, after giving the cheques 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 entitled to the same penalty whoever endorses to another or delivers to him a bearer draft knowing that it has no available funds in consideration of it 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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