Why is my verdict to pay a fine in a bounced cheque instead of paying the amount of the cheque?

Dear R.,

I understand your concern regarding the court’s verdict in your cheque case, where you were fined AED 5,000. Allow me to clarify the situation:

1. Fine Does Not Imply Guilt:

The imposition of a fine in your case does not necessarily mean that you are guilty of the charge. In many cases, courts impose fines as a penalty for the offense of cheque dishonor, even if the intent to defraud is not proven.

The fine is typically a form of punishment under criminal law for the dishonor of the cheque.

2. Your Right to Appeal:

If you believe that you are not guilty of the offense or there is a valid reason for the dishonor of the cheque, you have the right to appeal the decision.

The appeal process will allow you to present your case again before a higher court. You should consider appealing if there are grounds to challenge the conviction or the imposition of the fine.

3. Dishonoring a Cheque:

If the cheque was dishonored due to reasons such as insufficient funds or an administrative issue, and you did not intentionally dishonor it, this should be addressed in your appeal.

The court will take into consideration any explanations or evidence you may have regarding the dishonor of the cheque.

4. Next Steps:

If you wish to appeal the verdict, I recommend that we file the appeal promptly before the deadline to challenge the fine and present your defense.

If you decide not to appeal, you would need to pay the fine of AED 5,000, but this payment does not imply an admission of guilt. It is simply the penalty for the dishonor of the cheque.

Please let me know if you would like to proceed with the appeal or if you need assistance with the next steps in the process.

Best regards,

Mohammed Salah

Legal Consultant

Hello,

If the recipient of the cheque chooses, they may still file a civil case to recover the amount of the cheque itself, which is separate from the criminal case.

You could be required to pay the full amount of the cheque in the civil proceedings, regardless of the criminal conviction and fine. The court in a civil case would address the repayment of the cheque value.

Thank you for your question. I understand the confusion regarding the verdict in your criminal cheque case.

In this type of case, a conviction with a fine, rather than an obligation to pay the amount on the cheque, can occur when the court has determined that the crime committed (such as issuing a bounced cheque) has been sufficiently penalized through the fine.

The fine imposed is a form of punishment for the offense, while the amount of the cheque itself can be pursued separately through civil proceedings for recovery.

This means the court has penalized the action criminally (through the fine), but the person or entity holding the cheque may still pursue the amount through other legal avenues, such as a civil claim.

It’s essential to understand that the fine does not absolve the obligation to pay the cheque amount; the creditor can still take action to recover the outstanding sum through execution or other civil proceedings.

If you would like to discuss this matter in more detail or explore options for addressing the cheque recovery, please feel free to reach out to me directly via WhatsApp, phone, or email. I’ll be happy to guide you further.

Best regards,

Suhail Rana

The fine is imposed for the criminal offense only, while the collection of the value of the check is done through the civil courts.

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

The fine of 5,000 dirhams is an administrative penalty and does not replace the original cheque amount. You are still legally obligated to pay the full value of the bounced cheque to the recipient.

Recent UAE legal reforms introduced this fine as a way to reduce criminal proceedings for cheque-related issues.

To fully resolve the matter, you must:

- Pay the court-imposed 5,000 dirhams fine

- Settle the original cheque amount with the recipient

- Obtain a settlement or pay the full cheque value

Failure to pay the original cheque amount can lead to further legal consequences, including potential civil actions and banking restrictions.

Thanks & Regards,

ABDUL WAHIED