Cheque Bounce Cases in UAE

LSME is a reputed legal consultancy, handling all kinds of cases of criminal nature. We are especially experienced and qualified to handle “Cheque Bounce Cases” with our attorneys who have been serving clients throughout the UAE for many years now. We have got multinational backgrounds, permitting them to collaborate with entire ethnicities residing in Dubai, Sharjah, Abu Dhabi, Ajman, Ras Al Khaimah, Umma Al Quwain & Fujairah. Our criminal counselors in UAE, have ample experience and skill, essential to efficiently and smoothly maneuvering cheque bounce related cases, engage in arbitration and representation, processing all kinds of legal paper works & related documentation works, thus substantiate the economical outcomes in UAE. We can assist you to cope with such cases regarding cheque bounced cases and also can navigate you with vital advices in respect of all the facets and consequences. We advise and extend our services to government entities, corporates, banks, financial institutions, and individuals. We plan the right strategies and always achieve the desirable breakthrough, which could warm the cockles of your heart.

Cheque bounce issues/complaints/cases are considered to be persistent hitches normally facing by the people in their life span in UAE. It is enfolded under the scope of criminal offence and legal involvement/penalties could be dreadful and frightening. Cheque bounce issues may rise in different circumstances like, individual/personal transactions, commercial transactions, purchases, property rents, bank loans, etc.

As per the Federal Law No. (3) of 1987, Proliferating the Penal Code, can be instigated against the delinquent both in criminal way and civil way. Therefore, it is crucial for every person dealing with cheques in the UAE, precisely those who are not wishing to “knowingly” commit a crime and face the repercussions, ought to know how to issue and accept cheques properly, or how to handle circumstances when the deposited cheques are bounced.

Bounced cheque complaints/cases might be attributed to many reasons; however firstly happens due to failure of the defaulter for the payments due to creditor on a definite date admitted thereon.

Law No. (3) of 1987 of UAE Federal Law insemination the Penal Code, could be initiated against the offender in both ways – 1, Criminal and 2, Civil. So, it is crucial for everyone coping with cheques, specifically the ones who don’t wish to commit the crime intentionally and face the consequences when their cheques are returned for the following reasons;

In accordance with legal order of 2017, Law No: 1, offenders with returned cheques worth AED 200,000 or lesser can be taken care or decided by the prosecution itself, without being transferred it to the judiciary, that would be the maximum fine/penalty of AED 10,000/-.

If the amount of the bounced cheque is above AED 200,000/-, this is forwarded to criminal court and the court may punish the offender either by a fine or jail term.

The present law pertaining to bounced cheques are going to be changed from January 2, 2022 as per the amendment of Federal Law of 1993, No: 18 in last September. In line with new amendment, banks should be obliged to release the available balance in the defaulter’s account against the cheque to satisfy the claim of beneficiary. This amendment will help the beneficiary to reduce the time lag in such cases and to affirm his rights, since the returned cheque will be considered as a valid document which could be enforced and directly executed in UAE Court.
Nonetheless, the amendment preserves the rights of cheque beneficiary by valuing the cheque as a valid deed, which hastens the collection exercise through civil courts. Civil courts can command the issuer of the returned cheque to make full payment against the cheque or the outstanding balance to be paid. If he fails to make the payments, his assets might be acquired to satisfy the amount and he must be imprisoned for failing to respect the court’s decision.

In addition to this, Article 642 provides for a new punishment like publishing the judgement of the person convicted in two local newspapers (one in English paper and the other one in Arabic paper) including convicted person’s name, occupation and residence. Besides, the payment of cost of publishing should be borne by the convicted guy.

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