Questions & Answers
Criminal case on a bounced cheque for pending loan
Over AED 200k or under AED 200k?
I am confused as to how my police case will be treated by the police/justice system based on the 200k rule. The bounced cheque was for AED 235,000.
However, my outstanding balance with the bank is around AED150,000. The cheque is slightly above 200k yet the outstanding balance is below 200k.
Is it safe to assume I'm being treated as though the cheque was under 200k? How do I find out sure?
I only received a paper with my photo on it which the policeman asked me to sign. I have no idea what I signed as it is all in Arabic.
Secondly, why did the airport police take my passport? I thought the police no longer confiscate passports for loan cases due to the new 'smart bail 'system.
My visa is up for renewal in 1 month. Can I get my passport back from the police (even just temporarily) to renew my visa?
If I can't renew my visa, I can't work and won't be able to pay anything. As long as I renew visa and keep my job, I can settle the loan in around 6 months.
Thanks
Dear Questioner,
Good afternoon.
Thank you so much for contacting online.
The case is mainly based on the amount mentioned in the cheque which got bounced irrespective of the outstanding amount as per your calculation.
This is normally differentiated as the amount up to 200k and amount above 200k even though the judgment purely depends on the discretion of the court.
As your passport is with the police it would be released once the case is cleared, and once you get the passport back, you can renew your visa and there won't be any additional charges for it.
Please keep in touch with me on 0556635526 or WhatsApp me on 0508575526 or email me at ar@alnassaradvocates.com if you need any further clarification and explanation on this.
Regards,
Anitha Rajeev
The cheque amount is crucial, not the payment due under the payment terms.
As understood from the question, the cheque amount is above the misdemeanour offences of financial crime classification under the new Decree dealing with misdemeanour offences through the one-day court system.
However, it is upon the discretion of the court to grant an appropriate verdict. You can approach the appeal court if you get the verdict of imprisonment or any other grievance in the first court judgment.
Your passport shall be released on finishing the case, visa fine can be waived.
For further assistance, feel free to reach 0527520742(call/Whatsapp)
