Sharjah, UAE

Claiming back a security cheque from partner as per agreement

I have issued a cheque as a guarantee to a person who has joined my business as a partner. He did not want to join my license but only a partnership agreement to be signed.

The cheque was issued on an agreement that when the partnership agreement is signed on a later date, he will return the cheque. He did not give my cheque back on the day we signed the partnership agreement.

The business went into a loss and shut down but he is threatening me with the cheque. Can I approach Sharjah police in advance to get my cheque back and avoid police case against me?

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Abdelaziz Al Zaabi

Abdelaziz Al Zaabi Advocates & Legal Consultants

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9 Nov 2018, 15:54

You can not raise a case to claim a refund, but you can file a civil claim in which the cheque is refunded in case it is disbursed for the reason that there is a detailed agreement on the relationship between the partners, knowing that the criminal court does not recognize the security cheques at all

10 Nov 2018, 10:38

Sir,

Thank you for the answer.

But in the agreement, there is no mention of the guarantee cheques since it was a verbal confirmation only (out of trust) and there is a witness to this.

This witness is currently out of the country also. We have only the partnership agreement, will it help?

10 Nov 2018, 12:39

Good evening,

it is better to see the papers and the agreement, and then let you know whether this agreement will help you or not.

For the witness, the criminal court may not want to hear from the witness.

10 Nov 2018, 13:01

Thank you, Sir.

How much is your consulting fee?

10 Nov 2018, 13:08

Legal advice is free for the first time.

10 Nov 2018, 13:11

Sir,

I mean to meet you and show you the agreement and get your advice, what should I do. I live in Sharjah.

10 Nov 2018, 14:43

Please give me your phone number and I will contact you tomorrow.

10 Nov 2018, 15:20

Mathew 056 270 2229

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Noushin Rahmannejadi

Araa Group Advocates & Legal Consultants

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11 Nov 2018, 05:42

Dear Sir,

We are in receipt of your legal inquiry.

Please note that once you have signed and issued the cheque, you are liable to make the payment.

However, in order to retrieve your guarantee cheque, you must file a case before the court to terminate the partnership agreement as well as to get an order for the return of your cheque.

The court will do a certain investigation and then will order for termination.

In order to provide you more accurate legal advice, please email us your convenient date and time to schedule your appointment.

Thank you and regards,

Noushin Rahmannejadi

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