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Stopping the payment of a security cheque

Hi.

We have issued a security cheque against an order and we have delivered and collected the payment against the order.

But now the customer is not ready to give our security cheque without reason.

How can we stop the cheque in the bank?

Please advise

Al Nassar Advocates & Legal Consultants
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7 Nov 2018, 13:45

Dear Questioner,

Please note that there is nothing called security cheque.

Once you issue a cheque, all responsibility lies on the person who issued the cheque to encash it.

You cannot ask the bank to stop the payment of the cheque unless there is an official complaint with the police with regard to misplaced or lost cheque.

Article 401 of the UAE Penal Code states: “Any person who writes a cheque with insufficient funds — causing it to be dishonoured — can face a jail term of one month to three years, or a fine of a minimum of Dh1,000.”

Any action in which a person stops payment of the cheque is seen as a crime and the signatory of the cheque will be charged with criminal proceedings.

If you need any further clarification, please feel free to contact me.

Thank you.

Regards,

Rajasree Ravivarma

0544461746

Al Nassar Advocates & Legal Consultants
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8 Nov 2018, 09:47

Dear Questioner,

Thank you for contacting me with your legal query.

Normally, once the deal is completed they have to return the security cheque.

If they hold it, still you can send a notice demanding the return of the cheque putting forth all the details. Simultaneously, you can intimate your bank also in writing for the stop of payment.

Please feel free to contact me on 0556635526 if you need any further clarification or assistance in this regard.

Regards,

Anitha Rajeev

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