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Probability of facing consequences for a bounced cheque without agreement

A cheque bounced with an amount more than 1 million Dirhams but there's no legal agreement with the party.

Questions:

1. If a case is filed against the cheque issuer, what will be the court stand?

2. How much time does it take by the court for judgement?

3. In whose favour will the judgement be?

4. Can the cheque issuer file a case against the borrower as there's no agreement with the party? And what will be the outcome?

Al Nassar Advocates & Legal Consultants
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23 Apr 2019, 07:59

Dear Sir/ Madam,

Thank you for getting in touch with me on this.

Considering that a cheque is bounced, the holder of the cheque has an option to file civil and criminal cases.

In the criminal case, there is no requirement to show the court there is an agreement or not. The holder can simply get the cheque bounced and file a police case against it.

Since the amount is high, the signatory of the cheque can face a jail term unless there are compelling legal defences available to him, in which case he can pay a fine and get released.

The time frame for judgement may depend on the Emirate, police station and the court dates. You can expect it to be within 2-3 months.

In the civil case, the holder of the cheque will have to establish as to under what circumstances did he receive the cheque.

There should be an agreement, email/phone correspondence by which he can prove the reason for which money was given.

However, having the cheque is good documentary proof for filing the civil case and there can be a rebuttal presumption against the signatory of the cheque.

The time frame can be around 4-5 months depending on the complexity of the issue.

I trust you will find this helpful.

In case you require further explanation or clarification, you can get in touch with me on 052-9495731 or email.

Regards,

Hari Wadhwana

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