أسئلة وأجوبة
Civil proceedings following a criminal case for bounced cheques
Hello,
My father had a criminal case for bounced cheques. He has previously paid a part of the amount but failed to pay the full amount as his company faced losses and closed.
He's now facing a jail time of 2 years. Now, the same person is filing a civil case. Could you please tell me how would this end?
Thank you very much. (Please do keep in my mind he signed personal cheques).
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 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 judgment or his assets can be attached.
With best regards,
Mrs Khan
