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Ensuring the delayed second payment of a bounced cheque by defaulter

I hold a bounced cheque with the amount of AED 400,000 against the defaulter, that bounced in December 2017. A police case filed the police station.

The defaulter has my account number and made a cash payment of AED 202,000 into my account, thereby having a proof of the money deposited in my account. The total amount currently owing is AED 198,000.

The question is:

Since the amount currently owing is AED 198,000, can I still proceed with a civil case against him?

I have not given any clearance, nor have I accepted any further cheques from him yet. The defaulter promises to pay the remainder of AED 198,000 by July 2018.

I think defaulter is trying to play a tactic so that he doesn't pay up the full amount. Can anyone shed any light on this area?

Is there any way I can get a court order or a legal document signed by him and myself, along with a lawyer or witness, stating that he will have to pay AED 198,000 as promised by him?

In case he decides not to pay, can I use that document in the court?

Thanks

Mohamed Al Marzooqi Advocates & Legal Consultancy
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11 Mar 2018, 06:43

Even if he paid in your account, it is not effective in your criminal court case.

Maybe he can take it as a defence, but he has to pay the full amount then only he can be discharged.

You may file a civil case for your remaining amount, no worry for that.

Call or whatsapp me for further assistance on 0557409575

Mohamed Aleghfeli Advocates & Legal Consultants
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11 Mar 2018, 13:21

Aas understood from the question, the partial amount of the cheque due is paid while the case is pending.

If the case is registered and not closed, you can do "Tanazul" ( settlement) by including your settlement terms through the court of law.

Please reach me for further support over the matter at 0527520742.

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