Questions & Answers
Claim against the bank for presenting a forged cheque of the client
Dear Sir,
I had taken a personal loan from a bank of AED 173,000 in 2016 and was paying on time until I lost my job in 2018. The total I paid back is AED 173,875.64, and balance to pay is AED 42,986.90
Currently, I don't have a job and after three months of pending instalment since July 2019, the bank collection agent started calling and saying they will bounce the security cheque.
On 8th Oct they had deposited the cheque and bounced and later I saw in internet banking that the cheque number deposited was different from the one which I had signed during the application process.
As I have the copy of cheque with me, I talked to the agent after that and they insisted that it was the cheque that I signed and they aren't giving me more clarification on that.
Kindly advise, what if they go for a case of the deposited cheque with a different serial number?
Dear Questioner,
Definitely we can help you to deal with this situation.
The cheque no. is not relevant in the court. What matters is that it belongs to your account and you have signed it.
Kindly contact us on the phone for a detailed discussion or write to us at our email for further assistance.
Dear Sir/ Madam,
Thank you for reaching out to me on this.
Firstly, is it your allegation that the cheque submitted by them is not signed by you? If yes, then you have a claim of forgery against the bank.
Secondly, if you have given the bank numerous cheques and they have bounced one of it, then you are liable in the law to pay the amount under cheque or else you have to face criminal liability.
As per the law, the person who signs the cheque undertakes to clear it. Failing which, a criminal case can be lodged against the person.
Lastly, can you elaborate in which emirate and police station the case is lodged against you (assuming it has)?
You have mentioned that the cheque amount is AED 216,000/-, this is above the threshold of AED 200,000/- (In Dubai). Hence, you may face judgement in fine or imprisonment.
Assuming that your cheque was below AED 200,000/-, you could get away with a fine from Court.
You will need some representation to ask the court to show mercy on you and to levy a fine instead.
I would need to go through your account statement and prove that your actual liability is much lower than AED 200,000/-.
I believe we should have a consultation to understand the case and advise you better.
You can contact me on the phone or email for further assistance and clarification.
Regards,
Hari Wadhwana
