Q: I had a criminal financial case for a cheque return from a bank credit card for 55,000 in 2020 and paid AED 5,000 fine penalty from the court to remove the case. Can they put a case for the entire amount? A: This does not preclude the bank to file a civil case to recover the amount of the cheque…

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Can the bank file a civil case after I paid the fine in bounced cheque criminal case?

Hi Lawyer,

I had a criminal financial case for a cheque return from a bank credit card for 55,000 in 2020 and paid AED 5,000 fine penalty from the court to remove the case.

Now the bank is contacting me regularly asking to settle an amount of AED 400,000.

Can they put a case for the entire amount? or the amount which I really owe them?

Alona Sadovets

Al Dhaheri International Advocates & Legal Consultants

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5 Oct 2022, 08:03

Good day, S.

Please clarify what you mean to put a case. Are you asking about a criminal or a civil/commercial case?

This is to say that they cannot reopen criminal proceedings for the same cheque.

But if there is an unfulfilled obligation still in place, they may file a fast-track "Payment Order" civil court case, to sue for the cheque amount, or file a regular civil/commercial case to sue for the full amount owed (principal debt + interest+ charges and penalties, etc).

This entirely depends on your agreement with the bank and the nature of these 400,000 which they are claiming.

5 Oct 2022, 08:17

They first put a cheque return case in 2020. Now they are threatening to put a civil case for 400,000.

5 Oct 2022, 08:28

Okay, just to clarify that it is not a cheque return case.

The criminal case was for the issuance of a cheque without having sufficient balance on the account or with a fake signature or closing the account after that.

This does not preclude the bank to file a civil case to recover the amount of the cheque and/or claim the full unperformed obligation.

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