The legal action following criminal cases for a bounced cheque

Dear Sir/ Madam,

Thank you for getting in touch with me on this.

I will address your few concerns first and then proceed with the merits of the query.

Considering that the cheque amount was less than AED 200K, the court levied a fine on the accused.

If the cheque amount was above AED 200K, then the court at its discretion could impose a heavy financial penalty or imprisonment sentence.

The second cheque of yours will result in the same fate as first. I would advise you to file a police case as soon as the cheque bounces.

However, in your case, we need to file a civil case to recover your amount back. Can you please tell me if you've entered into any agreement with this person?

Why was this amount given and if these reasonings or dealings are recorded over mail, letter or Whatsapp?

Even if you have witnesses who can support your case, then this would be helpful.

The reason why I ask you this is when we file a civil case, the court will require proof as to the transaction this AED 250K relate to. We need to substantiate as to why and how this amount was given to the other person.

You can get in touch with me on hari.wadhwana@gmail.com or 052-9495731 for further queries and assistance. You can contact me if you need more clarification on the above query.

I trust you will find this appropriate.

Regards,

Hari Wadhwana

Dear Questioner,

Thanks for contacting online. If the cheque amount is less than 200000, the usual judgment comes for fine only. otherwise you should have presented both the cheques together and file for 250,000 , then there may a sentence of imprisonment in the case and that too depends on the discretion of the court.

Now the option availble for you is to present the second cheque also and immediately after filing the criminal case , you can move civil case for recovery of 250,000 together . Also for filing civil case you have to produce all the documents pertaining to this transaction, all other means of communications which led to the transaction are needed.

Please feel free to contact me on 0556635526 or whatsapp me on 0508575526 or email me at ar@alnassaradvocates.com if you need any kind of explanation or assistance .

Regds,

Anitha Rajeev.

Hi,

Thank you for your query. We understand that you had given someone an amount of AED 250,000/-, and received two cheques (in an amount of AED 150,000/- and AED 100,000/-) as security.

In a criminal case for a bounced cheque, one is unlikely to be able to recover the cheque amount, unless the other party agrees to settle the police complaint.

In order to recover the amount you had given to the other party, you will have to file a civil case for the same. If you win the civil case, then the court would order the other party to pay the claim amount, in accordance with the court’s judgment. Your likelihood of winning such a civil case would depend on the evidence you can produce to substantiate your claim.

Our firm deals with bounced cheque and financial claims on a regular basis. Please do not hesitate to contact us via email at: a.odeh@miolawfirm.com or mobile no.: 056 598 9309 if you would like to pursue this issue or if you have any further query.

You may also follow us on YouTube and Facebook to get guidance on frequent legal issues in the UAE:

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Regards,

Ahmed Odeh