أسئلة وأجوبة
Legal proceedings for a bounced cheque issued by the employer
Dear Sir/ Madam,
I would like to have an advice about a bounced cheque.
I got a cheque against my pending salary from the company where I used to work before in Dubai. However, the cheque bounced and I filed a complaint at the police station.
I was expecting a reply from the police station, as per my knowledge. Yesterday, the company owner called me and said that the police had arrested him and he has paid the fine, so the case is dismissed.
I would like to know if I need to file a civil case now or I have to wait till I get a reply from the police in order to recover my money.
For the civil case, where and how can I file the complaint?
Thanks & regards
AUTHORITY: When the cheque is returned as unpaid for any reason whatsoever, the aggrieved party/ beneficiary of the cheque/s files a complaint with the Public Prosecution or any authorized officer at police stations against the signatory of the dishonoured cheque.
INTERIM PUNISHMENT BY CRIMINAL COURT: Detention or a fine with travel ban shall be imposed on anyone who, in bad faith, gives a cheque without a sufficient and drawable balance.
The Public Prosecution Court decides the punishment, i.e. whether it should be fine or detention or both or pay a bail “Kafala” either by depositing the value of the cheque or depositing the passport of the defaulter or another guarantor.
If bail is not accepted, the Public Prosecutor may order the imprisonment of the issuer of the bounced cheque until the court hears and decides on the case.
CRIMINAL COURT JUDGEMENT: Upon the completion of the court assessment of the case and establishing grounds against the issuer of the bounced cheque, the court may order to pay a penalty and/ or serve a jail term.
The jail term can be between 1- 3 months - up to 3 years, or/ and a fine that usually varies from AED 1,000 to AED 30,000 based on the amount of the bounced cheque.
One must understand that a criminal case is purely a punishment for a criminal act i.e. issuing a cheque without sufficient balance.
CIVIL CASE: TO RECOVER THE CHEQUE AMOUNT, the aggrieved party may make a civil claim for the payment of the bounced cheque. The court conducting the criminal trial may transfer the civil claim to the civil court for determination.
If the Civil Court passes a judgement against the issuer of the cheque TO PAY THE CHEQUE AMOUNT, the issuer of the cheque shall pay the same, otherwise he might be subjected to another imprisonment if he fails to implement the court’s judgement or his assets can be attached.
Please take up the matter before the labour court.
With best regards,
Mrs Khan
