Q: Good day, Look forward to your kind legal advice for my query below. I am a resident of Dubai (Indian national) and I have an outstanding loan of AED 120000 with ADCB bank and they had bounced my security cheque on 15.11.2017 with amount mentioning AED 1400000 as I have defaulted last 3 EMI's (including November). I tried my best by consulting bank's collection executives saying I can pay 1 EMI right now and remaining in next few days but no use. What will be the lead time for them filing a case against me? Can I walk out of police station by paying fine? If yes, how much? If sentenced, then how many days/months will I be in jail? My residence visa expired on 17.11.2017 and company said they will renew in next few days. Will it affect me coming out by surrendering passport? Can I change job & visa if I have a case against me open? Looking forward to your kind advice and suggestions so I can plan accordingly. Many Thanks, HK

Q: I have a personal loan at Dubai Islamic Bank. I was paying regularly but in 2016 me and my wife were having financial difficulties so I skipped 2 payments. I kept paying regularly after that and wasn't able to catch up on that missed payment, and when my company was about to renew my visa, there was a case filed against me by the bank, so I got jailed. To to cut it short, I paid an amount that was placed on what I am assuming the security check. But until now they are still calling me and asking me to pay the remaining amount of my loan and threatening that they will file up another security check to got me jailed again. I am very concerned and stressed as I am traveling by December of this year. Kindly help please. Thanks.

Q: After the paying cheque bounce penalty, will the personal loan be closed?

Q: Sir, Someone took a SIM on my Emirates ID and took money (AED 9000) from another person and there's a case is on me as the ID was mine, but I did not do this. My visa is expiring in January. Is there any procedure where the police can give me the passport to renew my visa? I had not done this fraud, what should be on my name. H.S.

Q: Hi! A bank has filed a case against me recently with Dubai Police for defaulting on loan payments. They have presented a cheque of AED 261,000 and the police have given me a date after a week for the court hearing. The actual loan amount pending is AED 147,000. What sort of penalties can be imposed by the court on me and do I need to hire a lawyer for this hearing?

Q: Can the payment terms & bail against fines for bounced cheque cases be negotiated in Dubai?

Q: Dear Sir/Madam, What is the difference between a minor criminal circuit court and a major criminal circuit court?

Q: How does smart bail work in Dubai? How long can someone be on bail in smart bail?

In the UAE, cheque bounce is a very frequent problem faced by people during their span in the country. It is covered under the purview of Commercial Transactions Law, and legal implications/penalties can be financially severe and daunting for more “serious” offenses. Bounced cheque issues may arise in a variety of commercial transactions, including but not limited to, companies’ exchanges, bank loans, property rents or purchases, and individual transactions.

The management of individual financial affairs is crucial and all the actions must be weighed down while committing to any financial liability. Whether it's job loss that may have lead to financial failure or the opposite, one must be aware of the personal liability which will not diminish by paying fines for cheque bounce cases. There are two major types of liabilities, criminal liability and civil liability. Each has its own significance, hence, must be dealt with accordingly.

This Law applies to merchants, as well as to all acts of commerce carried out in the UAE by any person even though he be not a trader. Commercial matters regarding which specific Federal laws are issued shall be subject to the provisions of such laws, and to the provisions hereof which do not contradict with said laws.

This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.

The provisions of this Decree by Law amend the Federal Law No. (18) of 1993 by replacing Clause (4) of Article (379) as well as Articles (600), (617), (641), (642), (643), (644), and adding new articles numbered (635) Bis, (641) Bis (1), (641) Bis (2), (641) Bis (3), (641) Bis (4), (643) Bis (1), (643) Bis (2), (644) Bis (1) and (644) Bis (2). The Decree-Law also repeals Articles (401), (402) and (403) of the Federal Law No. (3) of 1987.