Introduction:
Cheque cases are one of the most common cases before the courts in the UAE, due to the use of the cheque as a means of fulfillment and security in commercial and personal transactions. Although the check is considered a commercial paper that obligates the drawer to pay its value to the beneficiary, many cases of non-payment or issuance of bad checks make these cases of great importance.
First things first: What are check cases?
These are cases arising from a person issuing a check without a sufficient balance in the bank, issuing instructions that prevent the check from being cashed, or tampering with its data, resulting in the bank’s refusal to cash the check.
II: Legal Basis for Check Cases in the UAE
The UAE Commercial Transactions Law regulates the provisions of the check, stating that it is an instrument of fulfillment in the same way as money. The Penal Code also establishes penalties for issuing a bad check, withdrawing the balance after issuing the check, or closing the account, as this harms the beneficiary and confidence in commercial transactions.
III: Penalties for check cases
– Financial penalties that vary depending on the value of the check.
– Imprisonment in some cases.
– Prohibited from engaging in certain commercial activities.
Modern laws have also made it possible to reconcile cheque crimes in exchange for payment or amicable settlement of the dispute.
IV: What to do when faced with a bounced check?
If you get a bounced check in the UAE, you can do the following steps:
1- Go to the bank and get a protest note (statement of non-payment).
(2) File a criminal complaint with the police or public prosecution.
3- File a civil suit to claim the value of the check and compensation.
4- Hiring a specialized lawyer to follow up on the case.
V: How does our law firm support you?
In our office, we provide specialized legal consultations in check cases, and we represent clients before the courts and competent authorities, and help them collect their rights, whether amicably or judicially, with careful follow-up of all stages of the case until full recovery of rights.