Q: Hi Sir, "Under a new criminal order issued by the Dubai Attorney General Essam Al Humaidan, a range of minor offences – including bouncing cheques and failing to pay rent – will no longer be put through the court system and instead be treated as a misdemeanour subject to a financial penalty. The new ruling, which will come into effect in December, means those responsible for bounced cheques of up to Dh50,000 will be fined Dh2,000, while those who bounce cheques of between Dh50,000 and Dh100,000 must pay a Dh5,000 fine, with a Dh10,000 fine for cheques between Dh100,000 and Dh200,000". I have seen this new rule and I would like to know if this already started and if I already have a criminal case how can I pay the fine?

Q: I took a loan of around AED 350,000 in Sept or Oct 2016 (24 out of 48 instalments have been paid and the outstanding amount is AED 248,585). Last year in Aug 2017, I was made redundant from my job. The gratuity which was transferred to the bank was not released to me. That amount took care of my instalments till Sept. 2018. The recovery person called me for the Oct. instalment but I told him I do not have a job or money to pay him. I read in the news that since last year jail term has been abolished for expatriates. I need to know if the bank files a case against me how much do I need to pay as a fine and what is the worst the bank can do about it. I had a previous loan with the same bank and then I topped it up. Can you tell me the fines for both Dubai & Abu Dhabi as I am not sure which region they will file the case? The bank is Dubai based but I got the loan in Abu Dhabi.

Q: What should I do if a case has been filed against me for a bounced cheque? The bank is not agreeing to give me any settlement. I am also about to lose my job. I tried settling with the bank again, I told them that I can pay AED 8000, provided that they will give me a written agreement of restructuring and lift the police case against me and my guarantor. They wouldn't budge at all. I came to know that I have a case in the court already. What would be the best way to deal with this?

Q: Dear Ma'am, Need your advice. I took a loan of AED 64000 more than a year ago and currently the outstanding amount is AED 51000. But as I don't have a job now, I am unable to pay the rest. As I know from 2019, there is no imprisonment or criminal case but if the bank files a civil case against me the fine will be around 5000 AED imposed upon me by the court. Currently, even I don't have a single penny and I am struggling for daily expenses. Kindly let me know how much time will the court give me to pay the AED 5000 fine. If I can't pay the fine within 1 month or 2 months time, what will be the consequences? Also, let me know how I will be able to lift a travel ban if the bank imposes it on me somehow.

س: السلام عليكم، الاستئناف والدفع بوجود شرط التحكيم بعد صدور الحكم في المطالبة ضد المدَّعَى عليه غيابيًا في لائحة الاستئناف. حيث أن المدَّعِي قام بتسوية ثم استلم شيكات ثم رفع الدعوى وصدر له حكم واحتفظ بالشيكات بالرغم من أن التسوية باتفاقية لاحقة لاتفاقية القضية المدنية والمشروطة بعقد التحكيم. هل يمكن إضافة طلب استرداد الشيكات من المدَّعِي؟ أم القيام بدعوى منفصلة؟

Q: Dear questioner, I have filed a police case for a bounced cheque of AED 1025000.00 four years ago. The person who issued this cheque was missing. Some days ago, someone has informed me that the person is in Dubai jail. Please advise what should I do?

In the UAE, cheque bounce is a very frequent problem faced by people during their span in the country. It is covered under the purview of Commercial Transactions Law, and legal implications/penalties can be financially severe and daunting for more “serious” offenses. Bounced cheque issues may arise in a variety of commercial transactions, including but not limited to, companies’ exchanges, bank loans, property rents or purchases, and individual transactions.

This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.

The provisions of this Decree by Law amend the Federal Law No. (18) of 1993 by replacing Clause (4) of Article (379) as well as Articles (600), (617), (641), (642), (643), (644), and adding new articles numbered (635) Bis, (641) Bis (1), (641) Bis (2), (641) Bis (3), (641) Bis (4), (643) Bis (1), (643) Bis (2), (644) Bis (1) and (644) Bis (2). The Decree-Law also repeals Articles (401), (402) and (403) of the Federal Law No. (3) of 1987.