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Criminal liability and civil liability in cheque bounce cases

I have recently filed a criminal case against a customer for AED 1,300,000.

I have found out that he has given an application to the court to get a fine on this bounced cheque amount. Is it possible to be fined at this amount?

How can I proceed further to place a travel ban on him and ensure that he does not get fined? It has been 5 years since this liability is due.

Please help me on what  I should do next.

Al Nassar Advocates & Legal Consultants
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20 Nov 2018, 19:48

Dear Questioner,

Since the amount is huge, there is more chance that there can be an imprisonment.

For this reason, the chances of acceptance or approval of any such request are low. As you are aware, a travel ban associated with the criminal case is already imposed on him.

Further, you may file a civil case to recover the amount from him. If you could get a favourable judgement from the court, you can take different measures to recover the money during the execution stage.

You should have sufficient documentary evidence to prove the transaction.

During the execution stage, if the court finds that there are no assets under his name to attach, you may apply for apprehension and blacklisting of the other party which is, in fact, a travel ban.

Hope the above explanation provides you with answers to your doubts. You may write to me if you need any further clarification on the above.

Thank you.

Regards,

Rajasree Ravivarma

cloudsdarker@gmail.com

0544461746

Al Nassar Advocates & Legal Consultants
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21 Nov 2018, 12:47

Dear Questioner,

Since the amount involved in this case is more than 200,000 the chance of having a fine in the case is rare even though the accused has applied to have fine as judgment. Once you file the criminal case there will be a travel ban against him.

You can file a civil case also against this customer for recovery of the above amount and there a lot of ways to get it recovered from that customer.

Please feel free to contact me on 0556635526 or on ar@alnassaradvocates.com for any further clarification and assistance.

Regds,

Anitha Rajeev.

AWS Legal Consultancy
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21 Nov 2018, 14:03

Dear Sir/Madam,

I hope you are fine.

Further to your enquiry, kindly be informed that the fine can be imposed on the opponent if the amount is less than 200,000. But in your case, as the amount is more than 2k, travel ban can be imposed. This is just to prevent the opponent from fleeing abroad. For this, we can present an application to the court.

However, this is not the complete solution. For claiming your 5 years of entitlements, you have to file a civil case. Under Civil case, there are of 2 types:

1. A normal civil case. This is a bit lengthy procedure and you can claim interest along with your entitlements.

2. Order to pay request. Under this procedure, you can have the results within a month. But here, you will not be entitled to interest.

Please make your choice and let us know how to proceed with the civil case. In addition to your civil case, we can also assist you in following up the criminal matter.

For more queries, we welcome you to our office which is located in business bay. For booking an appointment, you can contact us at 045547635 or you can email us at info@awsuwaidi-advocates.com.

Best Regards,

Aws M. Younis

+971559230221

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