Questions & Answers
Breach of trust and recovering the amount of a bounced cheque
I had given money to an individual who was working in the financial markets in Dubai for regular profit. The amount is around AED 250,000.
I went to the police when the first cheque of 150K bounced. The case was registered but nothing is happening and it has been 3 months.
What are my options?
It is evident that there is a clear breach of trust in your case seeing as the first cheque bounced. There are several factors to consider when deciding whether to take matters further.
Note that a criminal judgment does not obligate the drawer of the cheque to pay you the AED 150k. It will either stipulate a penalty in the form of a fine or a jail sentence against the drawer.
On the other hand, a civil case can issue a decree obligating the drawer to pay your AED 150k plus interest, compensation or damages.
Whichever way you look at it, the most effective (not the cheapest) solution is to file a civil case against the drawer of the cheque.
Such a case will proceed in the civil courts while the criminal complaint proceeds through the criminal courts.
My team and I have developed a comprehensive criminal litigation proceedings guideline. If you wish to receive a copy of the guideline just let me know.
Ahmed Odeh
+971 50 662 8972
