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- if you are willing to settle the matter for the principal amount/amount for which the cheque got dishonoured then, the court has the power to finish the matter even if the Complainant does not want to settle.
Correspondingly, what is the penalty for cheque bounce in Dubai? The decision – known as the Penal Order – authorised Dubai prosecutors to issue fines against offenders instead of referring them to the courts. Fines against bounced cheques up to Dh50,000 in value are Dh2,000. Those who bounce cheques of between Dh50,000 and Dh100,000 were fined Dh5,000.
Likewise, what is the time limit for cheque bounce case UAE? According to Article (638/1) of the UAE Commercial Transactions Law Federal Law No. (18) of 1993, the validity of bounced cheque in UAE is two years from the presentment period expiry, which means you can file a case against the drawer of a dishonoured cheque up to two years after the cheque has expired.
Similarly, what will happen if my cheque bounce 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.
Quick Answer, what is the new rule of cheque bounce? The new set of rules, which took effect on August 1, 2021, states that customers who plan to issue cheques need to ensure that there are sufficient funds in the bank accounts to do so. If this minimum balance is not maintained, the cheque will bounce.
Is cheque bounce a bailable offence?
No. A Magistrate can take cognizance of an offence of dishounour of Cheques under Section 138 of the NI Act only on a Complaint from the holder in due course (in this case the person in whose favour the cheque was drawn). … Further, the offence is non-cognizable so the police cannot arrest without a warrant.
Can bounced cheque be deposited again?
Answer: Yes, you can present the cheque again in the bank for payment, even if it was dishonoured on the first occasion. However, it goes without saying that the cheque can be presented again in the bank only during the period of its validity. Normally, the period of validity of the cheque is 3 months.
How can I clear my civil case in Dubai?
Ending a civil action A civil action may be ended if both parties agree not to proceed with the case and get approval for this from the court. Such cessation could be for a period of six months from the date of the court’s approval as per Article 101 of Civil Procedural Law.
What is the validity of cheque in UAE?
Validity of a Cheque in the UAE In the United Arab Emirates, a cheque is valid for six months. 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.
How do you know my cheque is bounced?
A cheque “bounces” when the bank where the issuer of the cheque has an account does not honour it. 2. Cheques are dishonoured by the bank if there are insufficient funds, a signature mismatch, overwriting or a stale date. 3.
Who will pay cheque bounce charges?
If the payee decides to proceed legally, a chance is given to the drawer to pay the cheque amount immediately. For this, the payee is supposed to send a notice to the drawer within 30 days from the date the payee receives the “Cheque Return Memo” from the bank.
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.
Can a check bounce after it has cleared?
Can a Cleared Check Be Reversed? If a check deposited clears, it technically cannot be reversed. Once the recipient cashes the check, there is little a payer can do to reverse the funds being transferred.
How can I get bail in 138?
Section 138 of Negotiable Instruments Act, 1881 provides that where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank …
How do you defend a 138 case?
If the accused or the drawer of the cheque, proves that the cheque issued, was not in discharge of any debt or liability, while issuing the cheque, and it was just given security deposit, hence it does not attract the offence under the Section 138, of the Negotiable Instruments Act.
How long does a cheque bounce case take?
What is the limit for cheque bounce case? As per Negotiable Instruments Act, legal notice must be sent within 30 days from the date of cheque bounce. Thereafter within 15+30=45 days from the date of sending the legal notice, case must be filed.
