Questions & Answers
Filing criminal and civil cases for a bounced cheque
I had lent AED 56K to a person in Dubai. His cheque given to me has bounced for insufficient funds. If I file a police case against him, will he pay a nominal fine in the court & be free?
Actually, this way he has done many cases like that. My issue is how to recover my money from him.
Can I file a civil case against him?
What is the procedure for filing a civil case?
After filing the police complaint, the cheque will remain in the police file, then can I file a civil case without the bounced cheque?
Can I file a civil case simultaneously with the police case?
Dear Questioner,
I am not sure whether you have filed a police complaint or not. If not, please file it as soon as possible.
Definitely, there will be a judgement against him. Irrespective of the sanction given in the judgement, it proves his criminal liability.
Once he pays the fine [if the fine is what's mentioned in judgement] his criminal liability is over, but that doesn't mean that his legal liability is over.
Definitely, you have the right to file a civil case for the recovery. If you have a favourable judgement in the criminal case, it is easier to win the civil case.
The matter is already proved before the prosecution. Anyway, you will have to adduce the proof behind the transaction. You may even get a judgement in the absence of the other party.
In your case, I strongly recommend filing a civil case for the recovery of the said amount.
Hope the above explanation gives satisfactory clarifications to all your concerns.
Thank you.
