Abu Dhabi, UAE

Consequences of a bounced security cheque issued to bail a friend

My husband wrote a guarantee cheque for a friend who was in jail. He had a reputable business and my husband assumed upon his release his friend would be able to access his frozen account and make repayments.

The so-called friend ran away and left my husband with a bounced cheque of AED 1048000. There is a big case against his ex-friend from many he has defrauded, it has been in the newspapers and affected many innocent people.

The cheque has obviously bounced and a case has been filed with the police. We never took a penny of this money and have all our statements to prove this.

Unfortunately, the payee doesn't care and wants money regardless, even though he knows the culprit has run away.

1. What is the process?

2. What are our options?

3. Could we get away with a fine?

4. If we present all the people who have been defrauded by this ex-friend to the court and our bank statements as proof, do we have a chance?

5. Will he go to jail and what kind of sentence is likely?

Ahmed Odeh

MIO Law Firm (Abu Baker Salem Advocates & Legal Consultants)

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26 Jul 2018, 10:17

The summary of your case is unclear. What is clear, however, is your husband has a bounced cheque case lodged at the police against him. So, I will answer your questions in brief:

1. What is the process?

The police will detain your husband's passport and transfer the case to the public prosecution for further investigation.

2. What are our options?

You can submit a defence to the prosecution explaining to them that the cheque was only meant to be a security cheque and it should never have been deposited.

3. Could we get away with a fine?

Yes, you will get away with a fine for cases below AED 200,000.

4. If we present all the people who have been defrauded by this ex-friend to the court and our bank statements as proof. Do we have a chance?

It is possible (with small chances) to get absolved if you present sufficient evidence and a defence to the complaint.

5. Will he go to jail and what kind of sentence is likely?

Not likely he will go to jail.

Hope this clarifies your concerns. Let me know if you require legal support for this case.

Regards,

Ahmed Odeh

26 Jul 2018, 10:56

Thank you for your reply.

The cheque was for AED 1 million. I know that changes things as fines are given for anything below 200k.

The local sponsor of the company is willing to give any form of support as he himself has been defrauded by this man.

It was a big case in Abu Dhabi and in all the local papers. My husband was assured this cheque was for security and would not be banked.

The cheque was given 19 months ago and was banked last year 5th July 2017. He filed the case last month.

I know this changes things as the cheques are for AED 1 million. I was told he cannot get away with a fine, and prison would be most likely.

How long can the jail sentence be? Could we still get a fine? Can this man file a civil case?

29 Jul 2018, 06:22

In general, for cases like this i.e. breach of trust cases for amounts exceeding AED 1 million, the defendant may be looking at a jail time anywhere from 3 months to two years.

The claimant can also file a civil case on the same matter.

If you need any help with this feel free to get in touch with me at 050 662 8972.

Regards,

Ahmed Odeh

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