رفع قضايا جنائية ومدنية ضد أحد الشركات بسبب الشيكات المرتجعة

Dear questioner,

You can file a criminal case (with travel ban) against the individual who has signed the cheques and stop him from travelling out.

Further, the owner (the individual who has signed the cheques) is personally liable if the company does not have assets or case.

We can help you to recover your money

If need be, kindly contact us by phone for a detailed discussion or write to us at our email for further assistance.

Dear Client,

Thanks for your query.

I hope you are fine.

For the cheque bounce, you can take criminal action and file a civil case as well. I'll answer all your questions in detail.

1) When you open a criminal complaint in the Police station, you have to provide the details of the person who signed it because a criminal case can be filed against an individual, not against the company.

Secondly, You can open a civil case against:

A) The person who signed, and

B) The company.

2) When you file a criminal case, automatically, the travel of signatory of the cheque will be banned. But the only way to recover your money is to file a civil case. Because, in a criminal case, he can face jail or pay fine and case will be removed automatically.

3) The new insolvency law is applicable for corporate as well, but it is a long procedure.

4) If in a civil case, you make the signatory of the cheque as a party to the case, he will be liable. If the company does not have assets or cash, then the signatory is also liable to pay.

I can help you with all procedures if you want.

For further information, you can write an email to us or call on Whatsapp. We have a good team of Local Emirati Lawyers to handle all kinds of cases. I am happy to help you. You can fix a personal meeting at our office.

Thanks and regards,

Abdul Wahied

Hi there,

Please find below your responses.

1- The cheque bounce (criminal case) is filed against the signatory. The civil/commercial case will be filed against the corporate (manager of the firm).

2- After the filing of any criminal case, there is an automatic travel ban. In civil cases, one has to apply for the travel ban separately.

3- For business, there is a separate bankruptcy code.

4- To include owners/partners in any claim/dispute, it will depend upon many circumstances like dispute, type of company...etc.

Thanks,

Sudhanshu Singh

Hello,

As per your question, we presume that it was a corporate cheque and which was bounced.

Since you are having the fear that the owner of the company may flee away, please take action as soon as possible.

Answer to your queries –

1. The case should be filed on both the individual and the company.

2. Yes, there can be travel ban through the court in the criminal case.

3. The insolvency law (Actually insolvency law is for the corporates or individuals who are not covered in the bankruptcy law) applies to the individuals and corporates, they may file the bankruptcy law.

4. Yes as the case is filed both on the owner or who has signed the cheque and also on the company, so the owner’s personal assets can be attached.

5. Insolvency can be filed by the individual and bankruptcy by the companies.

6. If a particular company files for bankruptcy, the court will take into consideration the assets and the debts of that company, and then appoint trustees for liquidation. For the subsidiaries or sister concerns the court may take into account but it will depend on the expert report and also the coverage of the debts and the total assets in the other companies will come into the picture.

7. Any case criminal all civil will be on hold until the insolvency or bankruptcy is proved and the court gives the order.

Please call for further query or e-mail us.