Hi Sir, I had a bank loan criminal case against me...

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We would like to inform you that The UAE Law on the Punishment of Returned Checks that is not met by an adequate balance upon withdrawal, provides that 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 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 is made, the execution shall cease.

If the court orders the withdrawal of the check book from the convicted person and the prohibition of giving it new check books according to the text article 643 of the commercial transactions law which stipulates that The public persecution is responsible of making a generalization to the central bank in order to be reported to all banks. If any bank violates the decision of the public persecution, the bank will pay a fine of 100000.

So, in accordance with article 401, you will face imprisonment for a term not exceeding three years. As for bail, the judgment will be returned to the court, and it may reserve your passport.

As for the civil suit, it is necessary to appoint a lawyer if the sentence is awarded a temporary compensation in the criminal case, or filed by a separate claim since the Article 22 of the Code of Criminal Procedure provides that "Anyone who has suffered direct personal damage from the crime may claim civil rights from the accused person before the court that hears the criminal case.

Article 26 provides that "if the criminal court determine that the adjudicated of the requested compensation of the plaintiff of civil rights or the accused requires a special investigation which results in a delay in the adjudication of the criminal case it may refer the civil case to the competent civil court" and the third paragraph of article 28 of The law stipulates that "the procedures set forth in this law shall be followed when the civil action is adjudicated before the criminal court." The civil rights claims must be submitted to the civil courts and the law provides an exception to the criminal court when it is a criminal case and the defendant is liable for damages caused to the plaintiff by the criminal offense when the civil suit is filed in accordance with the penal law and the exceptional nature of the jurisdiction of the criminal court in determined by the civil action. The criminal court does not have jurisdiction over the independent civil case, unless it is part of the criminal case so is can mandate two of them together in a single ruling which shall not contradict, and therefore it was arranged on this exceptional character that if the Criminal Court found that the separation of compensation requires a special investigation resulting in the postponement of the adjudication of the criminal case the civil lawsuit will be referred To the competent civil court.

As Article 644 of The Commercial Transactions Law, states: “If a penal action in any of the cheque-related crimes provided for in the law of penalties have been filed against the drawer, the holder of the cheque who claims the civil right may sue the court for obtaining an amount equivalent to that of the cheque or to the extent of the unpaid amount of its value, apart from the compensation when necessary.” It means that the law permits the holder of the check, in cases where he appeal before the criminal court and demands compensation for the damage he suffered from the crime of giving a check without a balance. In addition to the original, he may ask to claim damages arising directly from the wrong act where he may be compensated in an amount equal to the value of the check or the unpaid amount of its value. This text is limited to the authorization of the check holder to claim its value at the criminal court and upon the claim for damages. And then, it does not disrupt the fundamentalist rule stipulated in Article 28 of the Penal Procedures when the adjudication of the civil lawsuit filed before the Criminal Court and does not deprive it of its authority to abandon the civil case to the competent authority, considering that the adjudication requires an investigation which the court does not have time to, as authorized by that law under article 26 thereof.