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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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My check bouns already chack amount 3750 dh what...

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My check bouns already chack amount 3750 dh what is new roles in abu Dhabi please help me sir

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Yes, they are entitled to that according to the check to collect its value, and then you can file a lawsuit against them after paying the value of the check and proving that there is no counterpart to the check, especially since it is in accordance with the UAE law
If checks are presented and stamped with reference and insufficient balance, then submitted to the Public Prosecution through a criminal complaint, especially as the law considers the issue the crime of issuing a check without balance and the procedures must be followed by the Public Prosecution regarding investigating the source of the check, arresting it, imposing the penalty against him, and requiring him to pay his value, as Article (401) stipulates penalties for:
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

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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