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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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hi

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Kindly, could you clarify your question in details so we could help you legally better with pleasure.

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hi my situation is this, i have a restaurant before, and i just sold it recently, i gave PRO 3 cheques for 1 year payment, my last payment before i sold the shop was on january 2022, then i sold the shop on april, everytime i pay him he returns the cheque i issued on him, then i am paying him cash, now there is still 1 cheque left to him and its dated on may 2022, the new owner and i agreed that he will be the one that who will pay that, but the owner put the cheque on the bank and it bounces, because there is no money, now i told owner of the building that i will not be the one who will pay for it, the new owner of the shop will be the one who will pay for it, now they are threatening me that they will report me to the police, any advice on what will i do?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that if the checks are presented to the Public Prosecution and if the bank indicates the check that the balance is insufficient, here, the elements of the crime may be achieved by issuing a check without balance, and procedures must be followed by the Public Prosecution regarding investigating the source of the check, arresting him, imposing the penalty against him, and obligating him to pay the value of
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

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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