Questions & Answers
The possibility of appealing a jail sentence for bounced cheques
Hi,
I needed to know if the court issues a judgment of 2 or 3 months jail term in cheque bounce case, is there a way to reverse the judgment or avoid the sentence? Possibly if the creditor withdraws the case?
I have received a judgment of a jail term of 2 months for AED 1 Million security cheque bounce against a loan that is 75% paid off and a 3 months jail term for multiple cheques to a single supplier valued at AED 48,000.00 approx.
What can I do avoid jail terms and wondering how AED 48k cumulative value would result in jail term?
Appreciate a solution for this.
Thanks.
As understood from your question, you have an option of filing an appeal against the judgment of imprisonment.
Once your appeal is admitted, you can substantiate the merit of your case with supporting documents or case can be withdrawn by who initiated it through the same channel.
Under the law, when the cheque is bounced on the ground as mentioned, then the offence under 401 is attracted.
If the facts stand contrary, it needs to be proved to the court by the accused.
Feel free to reach at +971527520742 to discuss your case in detail.
Good morning,
The captioned case which is a dishonoured cheque in the eyes of law is completed when you signed and handed over the cheque to the beneficiary, however, the consideration/ reasons for signing the cheque won't be considered.
On the other hand, if you have paid any amount of the cheque you should present the evidence to the court. Aِِt that time, the punishment will be less.
Hence, if you didn't do this before the first instance court, you still have the chance before the appeal court.
The best way is to reach a settlement with the beneficiary to withdraw the case even if you got a final and binding judgment.
Should you still need any clarification, please contact me at 0555432305-044518866
