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In this instance, you can avoid any further criminal and civil case for bounced cheque in the UAE by approaching the police or the public prosecution with proper documentary evidence of said payment. This will end the legal proceedings against you.
Also, how can I pay cheque bounce case in Dubai? Complainants can directly approach the judge to order payment of the cheque’s value or what is remaining of it. Banks are also obliged to make partial payments by releasing any available funds in the bank account for the benefit of the cheque bearer unless the beneficiary disagrees.
Correspondingly, what will happen if my cheque bounce in UAE? Since bounced cheques have been decriminalized, there is no jail term unless fraud can be proven. … There will be a fine of Dh2,000 for Dh50,000, while bounced cheques of between Dh50,000 and Dh100,000 will have to bear a Dh5,000 penalty, with a penalty of Dh10,000 for cheques between Dh100,000 and Dh200,000.
You asked, how can cheque bounce case be overcome? File a counter case: If the person files a false cheque bounce case against you in the court, you can file a reply to the case through a lawyer for cheque bounce case near you. You can also file a counter file of cheque against the person for filing a false cheque bounce case against you.
Beside above, how long does a bounced check stay on your record in UAE? The value of a bounced cheque in the UAE is two years from the presentment date expiry, according to Article (638/1) of the UAE Commercial Transactions Law Federal Law No.If you do not have details of the cases, then I would advise that you undertake an inspection of police records to understand the situation and then clear them. You can get in touch with me on 052-9495731 or email for further assistance and clarification.
What happens if my cheque bounces?
The punishment for cheque bounce is imprisonment for a term not more than two years or a fine that can extend to twice the amount of the cheque or both. A civil suit can also be instituted against the drawer for payment of the cheque amount.
Can a bounced cheque be presented again in UAE?
The new decree will come into force on January 2, 2022. The present law states that bouncing cheques is a criminal offence. … However, criminalisation of bounced cheques due to insufficient funds in cases of fraud, forgery and bad faith will stay. Also, partial payment of cheques will become mandatory.
What is new law for cheque bounce?
Dishonour of cheques is a punishable offence under Section 138 for a period of one year or a fine. The imprisonment may extend to two years. The procedure for taking cognizance of an offence under Section 138 is present in Section 142. Whereas, Section 147 makes the offences under the Act compoundable.
What is the court fee for cheque bounce case?
Court fees is 10,000/- for 5 lakhs. The court in who’s jurisdiction you are to file the case is the branch area you have deposited your cheque. Do send him a statutory notice before filing the complaint within 30 days of the cheque being bounced.
How do I restore my 138 case?
Quite often, the advocates, as per usual practice, approach the Hon’ble Court during the dying minutes of the working day and orally plead to recall the dismissal order and the case to be restored to the file. Now, as long as the Hon’ble Magistrate has not recorded the dismissal order on paper, this remedy might work.
Can I get bail in cheque bounce case?
Bail in cheque bounce is a matter of right of the accused as it’s a bailable offence. So you have to give an bail application through your advocate and have to give security as per the orders of the judicial magistrate.
Can I go abroad if a cheque bounce case is going on?
Unless the bank is a beneficiary of the cheque it could not have filed the case. Be that as it may, unless there is an order passed by the court directing you to not leave India you are free to go abroad. … On your failure to turn up in the Indian court on the hearing a warrant to arrest will be issued against you.
How do I claim a bounced cheque?
If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. However, the complaint should be registered in a magistrate’s court within a month of the expiry of the notice period.
How can I clear my case in UAE?
- Negotiate with the bank.
- Put down everything in writing.
- Ask for a clearance letter and “release” document.
- Submit the release paper to the authorities.
- Obtain a police clearance certificate.
- Travel back to UAE.
Can I check police case with Emirates ID in Dubai?
To use the service you need to enter your Emirates ID card number. To avail the service visit the Dubai Police website or download the Dubai Police app available on iTunes and Google Play. For further enquiries, call Dubai Police on 901.
What happens if you lose a criminal case?
In a criminal case, the prosecutor and police officers will have charges against the defendant for illegal activity. … If the defendant loses, he or she may face jail time. As an injured party in the case, you may not receive compensation.
