Questions & Answers
Dealing with a bounced cheque case paid for rent
3 years ago I issued 2 cheques to the landlord as a guarantee for flats taken. Then I lost my job and failed to pay some rents. He filed a criminal case using the blank guarantee cheque from me (Landlord put amount AED 270k).
In addition, the landlord filed a case with the Rent Dispute Center. Since I am now overstaying for almost 3 years, I wanted to avail the amnesty by surrendering to police and facing 2 criminal cases.
Once the case has been forwarded to court with a 1-year jail term, what will happen to me if I surrender to the police?
Can I appeal to court the 1-year jail term through hiring a lawyer and paying fines?
Will I be banned because of the case/complaint with the Rent Dispute Center?
Is the civil case different from the above-mentioned cases filed against me?
Will I pay extra for overstaying, even if the cause is because of the criminal cases filed against me?
What are the steps or action to be taken to resolve the problem?
Please help
Dear Questioner,
It is important to know if the judgment in the criminal case was passed in your absence. If so, we can file for bail subject to the limitation period. So we need to know when did you come to know about the judgment.
If you want to avail the amnesty offer, that will not cover the criminal case where a judgement is already passed. Once you surrender simply without filing an appeal, you will have to spend 1 year in prison.
Because of the judgement, there is already a travel ban. The rental dispute matter is different from the civil case.
The rental matter will ultimately result in a judgement wherein you will be asked to pay the rent and vacate.
The rent will be calculated till the time you have stayed in that apartment, it has nothing to do with the criminal case.
The fine for overstaying may apply though the reason is the criminal case.
At first, you should file for a bail through appointed lawyers and appeal against the judgement of the criminal court.
Along with this, you should also file an application opposing the rental matter.
Should you wish to meet our legal team and have a free advising session, please contact us through jana@alketbilaw.com
Best regards,
Khalifa Bin Huwaidan Advocates
We would be happy to help you resolve your rent dispute matter, the jail sentence issue and also your amnesty.
Please write to us on advocate@alriyamiadvocates.com and we and discuss further.
All the situations that you have described can be discussed with you in detail.
Dear Questioner,
Amnesty is meant for people who are not involved in any case.
In this above issue, the better option for you is to hire a lawyer and file an appeal against the judgment for one year jail against you and the lawyer can help you to sort out all other disputes with the Rent Dispute Committee also.
If you are interested to go ahead with this solution, please do contact me.
Regards,
Anitha Rajeev,
Legal Consultant.
0556635526.
