عقوبة الشيك المرتجع بعد التخلف عن سداد أقساط القرض

Dear Sir,

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 Court 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 the 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.

From December 4, prosecutors in Dubai will be able to impose a fine on perpetrators involved in certain types of misdemeanour and minor offences, including some bounced cheque and cursing cases, instead of referring them to court under decision No. 88 of 2017. Then a civil case can be filed to recover the amount.

It depends on where you took the loan from, so it doesn't matter where you stay. The law is one for all.