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Sharjah, UAE

تسريع إجراءات القضية الجنائية للشيك المرتجع

لقد رفعت قضية بشيك مرتجع بقيمة 1.3 مليون درهم إماراتي. هذه قضية جنائية في الشارقة، بالإمارات العربية المتحدة.

مر شهران ولم يتم القبض على هذا الشخص بعد. وعلاوة على هذا، فهو يدير أعماله كالمعتاد ويحقق أرباحًا جيدة.

ما هي الإجراءات لكي أطلب من المحكمة إغلاق مباني العمل الخاصة به حتى يتم الضغط عليه لدفع الشيك؟

Al Nassar Advocates & Legal Consultants
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12 Dec 2018, 05:47

Dear Sir/ Madam,

Thank you for getting in touch with me on this.

I understand your query about why there is delay and no coercive action taken against the accused.

Please note that the reason might be that the file has not been transferred to the court/ public prosecutor.

Could you please obtain information from the police at what stage the case is? This might bring in some clarity.

Considering the amount is AED 1.3 Million, there are good chances that the court will levy jail term plus penalty.

Further, you should commence a civil action to claim these dues as well, since the criminal court will not award you this amount.

You will have to initiate a civil case to claim this amount. Further, in the civil case, we can make a request to freeze the bank accounts/ assets.

I would recommend you to engage a service of a lawyer/ law firm to speed up the process at the police station/ criminal court and simultaneously file a civil case claiming your dues.

You can get in touch with me on hari.wadhwana@gmail.com or contact on 052-9495731 for further assistance.

I trust you will find the above satisfactory.

Regards,

Hari Wadhwana

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Ali Khalaf Alhosani Advocates & Legal Consultants
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13 Dec 2018, 05:25

You have to follow up the procedure and make sure that it’s referred to the court and then you have to claim for the civil right of this case in front of criminal court . Furthermore, if the case is still with The Proceution you need to seek an arrest warrant against him.

Al Nassar Advocates & Legal Consultants
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13 Dec 2018, 11:24

Dear Questioner,

I understand your concern. As you have filed the criminal case already he will not be able to leave the country without resolving this. As my learned colleague mentioned, you will have to follow up with the case for the arrest warrant.

I am not sure about the nature of the matter. If it is a commercial matter, and if you have all documents to prove the transaction, you can file civil suit for recovery.

You may contact me if you need any further assistance in this matter.

Regards,

Rajasree Ravivarma

0585013663

cloudsdarker@gmail.com

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